QUESTION
What legal rights do we his children have as his heirs to the home or other assets he left behind?
Asked on Apr 13th, 2013 on Estate Planning - Michigan
More details to this question:
My siblings and I just found out that our father passed away 1 1/2 years ago. We were estranged from our father and had not seen him in over 20 years. His wife did not inform our family of his passing. I do not know if he had a will. I do know that he and his wife owned a house in Arizona, which she may have sold after his death.
13 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The answer here is for you to obtain the assistance f probate counsel in the county of death, and possibly file a petition in probate unless the house or other assets are held in joint tenancy with the surviving wife, in which case she would take. However, since you are blood heirs, you need to take care of this matter right away, or you could lose some rights by the lapse of time.
Answered on Apr 15th, 2013 at 1:23 PM
You have few, if any, rights. However, if your father died without a Will, and owned property in his own name, not in joint tenancy, you may have some interest in his estate. Another hurdle you face is having waited so long. You should immediately consult with an attorney who specializes in estate matters to determine where you stand.
Answered on Apr 15th, 2013 at 1:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Chances are he left everything to her or it was all community property. First check to see if there was a probate estate opened and go through that file. If there wasn't, you might threaten to open one unless she discloses what happened.
Answered on Apr 15th, 2013 at 1:23 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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For most married couples, all assets are in joint names. Therefore, upon the first spouse to die, there is no probate estate. Check with the probate court in the county where your father resided to see if an estate was opened. If not, then I doubt if there is anything that you can do.
Answered on Apr 15th, 2013 at 1:22 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It depends on how the assets were held. Married couples often hold all their assets as joint tenants with right of survivorship when one owner dies, the surviving owner(s) owns all of the asset. If your father owned any assets in only his own name, then they would pass according to his will (very commonly, "all to my spouse") or if he had no will, half to his spouse and half equally to all of his children. (This does not necessarily apply to the house, or any other assets in Arizona, but just to Oregon assets. I believe Arizona may be a community property state, so, again, the likely result is that the house inherits, but you'd have to check with an Arizona lawyer).
Answered on Apr 15th, 2013 at 1:22 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Consult an Arizona lawyer.
Answered on Apr 15th, 2013 at 1:22 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You would need to have an attorney review the deed and to check if there was a probate estate or not. If the property was titled jointly, then it would belong to the surviving joint owner, upon your father's death. If there was no probate estate, that is a big clue that the assets passed by way of joint tenancy or beneficiary designation. Much of this information is generally available online.
Answered on Apr 15th, 2013 at 1:20 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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This question cannot really be answered unless you know whether or not your father had a will. If he did have a will and it was probated in court, you can get a copy of it from the clerk of court of the parish where he lived. If he had no will, his children would inherit at least part of his estate.
Answered on Apr 15th, 2013 at 1:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will need to seek counsel to investigate. You could be due something, or nothing.
Answered on Apr 15th, 2013 at 1:20 PM
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It depends upon how long your father and his wife were married. If it was a long term marriage you are likely not entitled to anything.
Answered on Apr 15th, 2013 at 1:19 PM
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Unless he died without a Will and acquired assets before his marriage to his wife, never put her name on the assets, and never commingled them, you are probably entitled to nothing unless he left you something in his Will. Since you were estranged for 20 plus years chances are slim you are left anything. To order a copy of his Will contact the court in the county where he died to order one. Again if he left no Will, chances are slim that you would be entitled to anything.
Answered on Apr 15th, 2013 at 1:19 PM
If your father's estate was probated and you were a beneficiary, you should have been contacted. If all assets were in joint names with your father's wife, then she would get everything.
Answered on Apr 15th, 2013 at 1:18 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Anything jointly with his wife is hers. Other property just in his name would pass by will or the intestate statute.
Answered on Apr 15th, 2013 at 1:18 PM