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My father passed away suddenly. He had no will at the time of his death. His only heirs, however, are my half sister and I. Under the intestacy laws, am I entitled to half of his estate?
14 ANSWERS
That would be a yes.
Answered on Aug 25th, 2015 at 8:33 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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That would be a yes.
Answered on Aug 25th, 2015 at 8:33 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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That would be a yes.
Answered on Aug 25th, 2015 at 8:32 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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That would be a yes.
Answered on Aug 25th, 2015 at 8:32 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If your father was also the father of your half sister, then you will each receive 50%. If he is not her biological father, she will not receive anything.
Answered on Jul 09th, 2015 at 12:35 AM
Your father died intestate, so probate laws will apply. You need a probate lawyer.
Answered on Jul 07th, 2015 at 3:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Most likely you would be entitled to 50%, after his debts and taxes are paid. You should confer with a lawyer.
Answered on Jul 07th, 2015 at 7:48 AM
The intestacy laws that will apply to your situation are determined by the state your father resided in at the time of his death. If there is no surviving spouse, usually the estate will be divided between the surviving children by birth or adoption.
Answered on Jul 07th, 2015 at 2:07 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain for yourself probate lawyer to represent you as the administrator of the estate and as an heir to the assets of the estate.
Answered on Jul 06th, 2015 at 7:02 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, you and your half-sister would each inherit half of your father's estate.
Answered on Jul 06th, 2015 at 5:22 PM
Denise Marie McBride
Florida intestacy laws are governed by Florida Statutes Chapter 732. If your father left any property, it is most likely you will need to file a petition with the local probate court to determine the proper ownership of the property. Depending on the type of assets and value, you may be able to file the petition yourself. Many county courts have a website with information and forms that you can use, otherwise you may need to find a probate attorney.
Answered on Jul 06th, 2015 at 5:20 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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With the information you provide, yes, you get half and your half sister gets half. This assumes your father was not married when he passed away, had no other children, either natural or adopted, and did not leave any of his property in joint ownership with someone, or with beneficiary designations.
Answered on Jul 06th, 2015 at 5:19 PM
Edwin K. Niles
Yes. Unless it is a very small estate, probate will be necessary.
Answered on Jul 06th, 2015 at 4:46 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If there is no will then the statute on descent and distribution determines the distribution of the assets of the estate of the deceased. If a spouse is alive then and there are children, born to or adopted by the deceased, then the spouse receives and the children equally divide. If a child predeceased the decedent then the descendants of that child equally divide the share the predeceased child would have received if alive. Your half-sister would receive a share of your father's estate only if she was a child of your father or your father adopted her. A probate should be opened to allow for the appointment of a representative of the estate to oversee the collection of assets, payment of claims and distribution of assets.
Answered on Jul 06th, 2015 at 4:44 PM