QUESTION
What am I entitled to if my Dad didn't leave a Will?
Asked on Apr 01st, 2013 on Estate Planning - California
More details to this question:
My dad died in March 2008 and I was 15 years old at the time. My dad was married to my step mom but had no will. I haven't spoke to my step mom since. I haven't received anything from his death. He owned a few houses and had a great paying job. I done my own research and I think I found that she is entitled to 50 % and I'm entitled to 50%. But since there is no will and he has no kids with her I'm entitled to the first 30, 000. is any of this true? And if it is and she had already spent the money is there a way I can get it back?
14 ANSWERS
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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She may not be entitled to it all. You need a probate attorney to assist. Her one now.
Answered on Apr 03rd, 2013 at 9:28 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Not exactly. Assuming this is in Michigan, the wife is entitled to the first $160k-ish, plus half of the rest. The reason the figure is no exact is because she is also entitled to allowances and exemptions that can add as much as $60k to the value she would receive.
Answered on Apr 03rd, 2013 at 9:06 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to obtain the services of a probate litigation lawyer to obtain an investigation of the assets of your dad's estate, to determine what if anything you are entitled to in the division. You being minor at the time you will probably have a claim against the former wife of your father. Don't delay, as you may lose some rights you are not aware of.
Answered on Apr 03rd, 2013 at 7:57 PM
There are other issues to consider - how the houses are titled, etc. But if all property was titled just in your father's name, your step-mother would get the first $100,000 from the estate and then you and her would share the balance in equal parts. Was there a probate?
Answered on Apr 02nd, 2013 at 9:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your understanding of the law is close but not totally correct. If you are referring to the statue which I believe you are the surviving spouse is the one who is generally, under the laws, entitled first $30,000 after which the estate of the deceased is split evenly between his second and spouse at his death, and his children. Given the circumstances of the length of time, I would suspect it would be very wise for you to seek counsel immediately.
Answered on Apr 02nd, 2013 at 9:38 PM
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The answer to your question is complicated. If your father owned the property before she passed you may be entitled to some of it. If they accumulated it together, the wife is the sole heir and you would be entitled to nothing. You really need to sit down with an attorney to see what if anything you are entitled to and I would do it sooner rather than later because the more time that goes by, it is possible assets will continue to be depleted. If they are, you cannot be blood from a stone and you may never see a dime. Meet with an attorney.
Answered on Apr 02nd, 2013 at 8:37 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The problem is that you may have let too much time pass to do anything in probate. You turned 18 in 2011. You may possibly have a conversion claim against ex-mom but you may have to get it filed within 2 years of your 18th birthday. That may be too late. Take your issues to an attorney and see if there is anything else that can be done.
Answered on Apr 02nd, 2013 at 8:29 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You are correct about the 50/50 split, you and step-mom, with respect to probate assets. I don't know where the first $30,000 rule came from, it's not an Oregon thing. As a dependent child when your dad passed away you were entitled to support from the estate. The problem is that husbands and wives often own things jointly, and these things pass to the surviving owner outside of probate. Start with the real property; step-mom may never have done anything about that, it may still be in your father's name. If there is real property just in father's name, open a probate; as personal representative you'll have the power to find out what other property may be out there that should pass to you.
Answered on Apr 02nd, 2013 at 8:15 PM
Although estate law varies from state to state, usually when a person dies intestate with surviving spouse and child(ren), at least some portion of the assets are split between the two. However, a decedents assets must first be applied to any debts and taxes he owed at the time of his death and only then would anything left would be distributed to the heirs. Since you were a minor at the time, your inheritance (if any) was probably put into a trust with your step-mother (or perhaps your mother if she was still living) as trustee. Those funds should have been used to cover the cost of your upbringing (food, shelter, clothing, medical and dental care, education, etc.) until you reached the age of majority. If there were any funds left, that money should have been transferred to you.
Answered on Apr 02nd, 2013 at 2:00 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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In Delaware if they had no children together, spouse is entitled to life estate in property, first $50,000 then 50%. Or she can elect the spousel elective share which is 1/3 of the estate. However, if everything was joint with his wife, she is the owner now.
Answered on Apr 02nd, 2013 at 2:00 PM
You are entitled to your statutory share of your father's intestate estate. Since you were underage, this should have been placed in a conservatorship for your benefit. If it wasn't, then you may have rights to pursue. You should visit with an attorney who specializes in estate matters for further information.
Answered on Apr 02nd, 2013 at 1:59 PM
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There is no simple answer. It is hard to determine without knowing how his property was titled. If it was joint tenancy with your step mom, she inherited it. I suggest you make a list of what you think he owned with addresses and schedule a meeting with an attorney where your father lived to see what rights you may have, if any.
Answered on Apr 02nd, 2013 at 1:59 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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It's more complicated that what you state, but you are on the right track. The big questions are whether any of the real estate was in joint tenancy with your stepmother or not, and whether your father had any separate property. We also have to know where your father was living at the time he passed away. You will likely need to hire a lawyer to help you straighten this out. You can help yourself, however, if you can locate the deeds to the real estate that your father owned. Those deeds will tell you how title to that property was held.
Answered on Apr 02nd, 2013 at 1:58 PM
You may be entitled to more, depending on various circumstances. You should engage an attorney to discuss the matter. You should find an attorney who will provide an initial consult with you at no charge, or minimal fee
Answered on Apr 02nd, 2013 at 1:58 PM