QUESTION
Do I have any rights to my fathers estate after his passing, even if he remarried 4 years ago?
Asked on Oct 02nd, 2013 on Estate Planning - Idaho
More details to this question:
My father just passed and I was not notified until he was too ill to communicate his wishes to me. Now I'm being kept completely in the dark about everything while his new wife is giving my fathers things to her children. What are my rights and am I entitled to anything? I'm his only biological child.
12 ANSWERS
William M Stoddard
Maybe. Did he leave a will? If he left a will and named you in the will as a child which he was not going to leave anything to, then No. He remembered you and stated his plans to not provide for you. But we have several cases which say a sane man/woman does not forget to provide something for his/her children, even if remarried, so the person has to have named and disinherited, of the child can ask the court to set aside the will and use the intestate statute to distribute the estate - which is 50% to a surviving wife and 50% to surviving children.
Answered on Oct 07th, 2013 at 3:27 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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The answer would depend on whether your father had a will and what that document provides. If the will was probated, you should have been given notice that it was filed and you have an opportunity to contest the will, if you have grounds to do so. If he does not have a will, you and your stepmother would receive the statutory share you are entitled to receive under the laws of descent and distribution.
Answered on Oct 07th, 2013 at 3:14 AM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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It will depend on the size of his estate and whether he left a will or pre-nuptual agreement. Without a will or pre-nuptual agreement, the widow takes the first $150,000.
Answered on Oct 03rd, 2013 at 9:45 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There is no way of telling for sure, without more information. The fact that the surviving spouse seems to have access and control of the assets is not a good sign. She could not legally get that access in most cases, unless the assets were jointly held or she was designated as the beneficiary. Your father could have set things up differently, in order to protect your rights. Apparently, this was not done. You should immediately consult with a probate lawyer in order to investigate further and see if there is anything that you can do.
Answered on Oct 02nd, 2013 at 8:52 PM
2 Awards
Likely yes. Probably close to 1/2. Speak with an attorney.
Answered on Oct 02nd, 2013 at 6:39 PM
3 Awards
Maybe, maybe not. There are a lot of factors. Did he have a Will? Did he have a trust? Are you a beneficiary? What is the value of the probate assets? I urge you to meet with an attorney where your father resided as the rights of a surviving spouse differ from state to state. 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 Oct 02nd, 2013 at 6:39 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If he died in Oregon without a will, you (and any siblings who are not children of his new wife) should get half of his estate. Get a lawyer now; if you delay, the estate will be gone.
Answered on Oct 02nd, 2013 at 6:39 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You have a right to a copy of the will. You have a right to get anything he left to you. If your father had no will, and if he did not adopt the stepchildren, then you have a right to half of all his separate property (presumably includes everything he owned at time of marriage). (If he did adopt them, then you and they share two-thirds of his separate property equally.)
Answered on Oct 02nd, 2013 at 6:34 PM
If he did not leave a Will, in Oregon you are entitled to half of his probate estate. Immediately go to an attorney, send a cease and desist letter and file a probate estate.
Answered on Oct 02nd, 2013 at 6:31 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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According to Michigan Law in the absence of a will or other estate plan or payable on death clauses in his bank accounts his new wife (your step mom) is entitled to approximately $50K plus 1/2 of his estate. You should be entitled to the balance. I highly recommend you contact a probate attorney immediately
Answered on Oct 02nd, 2013 at 6:11 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to obtain a probate litigation attorney to represent you in filing a petition form probate and a petition for an accounting from the former wife. Do not delay, or your rights to any of your father estate will be lost.
Answered on Oct 02nd, 2013 at 5:58 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Has a probate estate been established? If not, you may want to start one. You may be entitled to a portion of his half of the community property. However, if accounts were held jointly with his wife, with rights of survivorship, you may not be entitled to anything. You won't know until a probate estate is opened.
Answered on Oct 02nd, 2013 at 5:57 PM