Do I have a right to my father's estate?

Here are your options: 1. File a Demand for Notice in the probate proceeding. 2. File a Petition concerning the actions of these people. 3. Contact an attorney specializing in estate litigation for legal advice and assistance.

Great question. Whether you have a right to his estate will depend on several factors: (1) Did he have a will and/or trust? If so, were you named as an heir or beneficiary in that will and/or trust? It is possible that you were left out, or disinherited, so obtaining a copy of those documents would be the first step. (2) Were you designated as a beneficiary on any of his life insurance or retirement accounts? If so, you would be entitled to receive based upon the terms of the beneficiary designation. (3) Were you named in a pay-on-death ("POD") or transfer-on-death ("TOD") account? These are also sometimes known as Totten trust accounts. Even if someone does not have a will or trust, this type of designation will allow the property to pass to the named individual without any court action or oversight. (4) Did your father die intestate? Or in other words, did he die without a valid will or trust? If so, you may be entitled to inherit depending upon the titling of his property. In the event he did not have a will or trust, it would be helpful to know if your father was married at the time of his death. If he was married, his wife may also be entitled to his estate. In any event, if your father owned any property in his name, and if said property was not covered by a trust or beneficiary designation, it is possible that a probate proceeding will be required in order to transfer the property to the heirs of his estate. (5) Were you named on any properties with your father as a joint tenant or given a right of survivorship? It would be helpful to see all deeds and other account statements. If you were in fact named as a joint owner and/or given a right of survivorship, then you would be entitled to that property of his estate. (6) Did your father sign a "beneficiary deed" or a "transfer-on-death deed"? If so, you would be entitled to inherit the related real property based upon that conveyance. (7) Are there any circumstances surrounding the execution (signing) of his will or trust that are suspicious? If a person executes a will or trust under duress (if they are forced to do it by someone), fraud, or if they lack the required mental capacity to sign such document, the provisions of that will or trust may be set aside by a court and ignored for purposes of determining who the estate heirs are. As you can see, there are many more follow-up questions that must be asked in order to determine if you are entitled to receive anything from your father's estate. You should definitely consult with a licensed attorney in the jurisdiction you live. That attorney can assist you in determining whether you have any rights to his estate.

Get to an attorney as soon as possible. Your aunt has no say what so ever in your father's estate. You and your brother (any any other siblings) are the heirs and as an heir you have a right to file a Petition for Probate, sell the house and distribute the proceeds between you and your brother. Life insurance is hard to learn about, but as administrator you can forward his mail to you and perhaps he will have a statement that comes through the mail. Another option would be to check with the company he worked for. Do something now before it is too late. Once your aunt rents the house, you will be stuck with a tenant and if you do nothing she will keep the rent.

It depends upon how your father titled assets during his lifetime. Without more information it is impossible to answer your question. I suggest you meet with an attorney to discuss the specific facts and issues.

Make a list of the assets that you think he owned in his own name at death. Go to an attorney and file to open a probate estate with you as personal representative. That will put you in charge.