QUESTION
Am I entitled to anything other than my father's car if he did not have a will?
Asked on May 20th, 2013 on Estate Planning - Michigan
More details to this question:
My father recently took his own life. He's always said if he died before his wife, she would get half and I would get half of what the house sold for. They were married for over 20 years; unfortunately she says there's no will. She gave me his car because she said he wanted me to have it. The house was in his name.
15 ANSWERS
2 Awards
If the house is separate property, then the wife has the right to live there, and you would get the remainder, assuming no will. If the house is community property, she would still have a life estate, but you would have an ownership interest as well.
Answered on May 22nd, 2013 at 9:15 PM
3 Awards
In Nevada, chances are all of the assets are community property and pass to his wife under our probate code since he died without a Will. His statements do not constitute a Will. Even if the house is in his name, if it was acquired during marriage it may be community property. Absent being able to show he used an inheritance or other separate property to buy it, it all goes to her. At most if you could show it was separate property you would be entitled to a share of the house. I suggest that you meet with an attorney to address your specific situation to determine if you have or may have an interest in the house or anything else for that matter. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on May 22nd, 2013 at 8:33 PM
Thomas Edward Gates
When an individual dies without a will, state statue is followed in transferring the estate between the authorized beneficiaries. Assuming you are the only child, his wife gets to keep her 1/2 of the estate and she gets 1/2 of the estate of your father. You get the remaining 1/2 of your father's estate.
Answered on May 22nd, 2013 at 8:28 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If the house is only in your father's name, and he had no will, then you (and any siblings) own half of the house, and his wife owns half. If she will not begin the administration of his estate, you should.
Answered on May 22nd, 2013 at 7:55 PM
You need to review the law of intestacy in your father's state. For additional infomation, consult with an attorney specializing in estate administration.
Answered on May 22nd, 2013 at 7:52 PM
Sanford M. Martin
If your father did not leave a last will designating you as a beneficiary, his wife will get ownership of their residence. She can decide what to do with such ownership, as she apparently decided regarding the car. If you are a minor child, you are entitled to some benefits but such fact is not included in your question.
Answered on May 22nd, 2013 at 11:14 AM
When there is no will, many states allocate the assets between the wife and all surviving children (by birth or adoption). You will need to check the statutes in the state your father resided in at the time of his death.
Answered on May 22nd, 2013 at 11:14 AM
2 Awards
If your father owned the home prior to their marriage, depending on what loans may have been paid during the marriage, you may have a ownership share in the house. You will need to speak with an attorney as to make this determination, you will need to go to court and have it sorted out. An attorney can assess the facts and let you know what your chances are.
Answered on May 22nd, 2013 at 11:14 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If this is in Michigan, it is not quite that simple. The wife gets the first $150k or so and then half of the rest. So if the house is worth less than $150k, she would get it all. There are additional allowances and exemptions that she could claim which would eat up more money, if the wife is inclined to do so. It is possible, if not likely, that upon her death, she would leave the house to you, but there is no guarantee that will happen. If she is not your mother, then you would not be considered to be HER heir. That being the case, SHE should get her estate planning in order, to clarify her intentions.
Answered on May 22nd, 2013 at 10:00 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, since your father was married at the time of his death and his spouse was not the mother of his children, the spouse gets 50% of the estate and the children receive the other 50%. See an attorney about probating the house. If the car is in his name only, the car will also have to go through probate.
Answered on May 22nd, 2013 at 9:59 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Get an attorney and start a probate action. You may be entitled to one-half of the house, depending on how large your father's estate is. If the house is worth $500,000, his wife gets a $60,000 exemption and one-half the value of the house. There would still be money for you then. However, if you do nothing, you will get nothing.
Answered on May 22nd, 2013 at 9:59 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Under Missouri law when a person dies intestate (i.e., without a will) his real estate descends to his heirs at law. Heirs at law in Missouri are: Surviving spouse as to the first $20,000 in value of any assets in the estate and one-half of the balance; the other half is divided equally between the surviving children (or the heirs of any child who was dead at the time of death of the parent - so if you father had a wife and two children living at his death and another child who was dead but left two children of his/her own the surviving wife gets $20,000 plus half the balance and the other half is divided three ways - the living siblings each get 1/3 and the two children of the deceased sibling share 1/3)
Answered on May 22nd, 2013 at 9:59 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Your father was right. Since he had no Will, his estate passes 1/2 to spouse and 1/2 to children, plus spouse can receive a spouse's award. Talk to a probate attorney.
Answered on May 22nd, 2013 at 9:58 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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His wife should be entitled to a life estate in the home then it would go to his children. Or she could elect a spousal share of 1/3.
Answered on May 22nd, 2013 at 9:58 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Assuming he died without a will, it depends on the value of the home. The wife has at a minimum a dower interest entitling her to 1/3 of the value of the house or her spousal allowance if the value is greater.
Answered on May 22nd, 2013 at 9:57 AM