QUESTION
If father died without a will and was married but not to my mother, am I entitled to anything?
Asked on May 06th, 2014 on Estate Planning - Michigan
16 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
at
Christine Sabio Socrates Attorney at Law
Update Your Profile
You may be entitled to a portion of your father's estate under the probate laws. The statute of descent and distribution only give a portion of the estate to the surviving spouse of a decedent who died without a will. The amounts depend on the whether there were children between the two of them and whether she was the natural or adopted mother of any of these children. I would consult with a probate attorney who can evaluate the facts in your case and determine what you would be entitled to.
Answered on May 14th, 2014 at 10:55 AM
3 Awards
Maybe. Assuming you are 18 or older, in Nevada if the Probate estate exceeds $100,000 in value and included assets that were separate property you may be entitled to a portion that you share with your other siblings. If it is all community property it all goes to the wife. If the estate is under $100,000 absent a prenuptial agreement it would all go to the wife, even if it was all separate property. If you are under 18, other rules may apply. You may want to consult with an attorney on your specific facts.
Answered on May 06th, 2014 at 8:43 PM
Edwin K. Niles
Probably. Please see a probate lawyer.
Answered on May 06th, 2014 at 5:53 PM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
If you are an only child, you get half of his separate property, if any. If he is survived by other issue than you, then two-thirds of the separate property gets divided among his issue.
Answered on May 06th, 2014 at 4:24 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Yes,. Obtain the services of probate legal counsel to represent you in claim to an inheritance from your father, as you are a blood heir.
Answered on May 06th, 2014 at 4:07 PM
If you are a son/daughter by birth or adoption, you may have a claim on some of the estate. The intestacy law in the state in which your father resided at the time of his death will determine whom your father's heirs are.
Answered on May 06th, 2014 at 4:06 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
It depends on facts which are not included in your summary. How were your father's assets titled? Were they in his name alone or held jointly with the wife? If they were held jointly, you are out of luck. If they were in your dad's name alone, then you may be entitled to a portion of the estate. A probate estate would need to be opened in order to sort this out, if that is the situation. Determining ownership of some of the assets may be difficult. The spouse will not be able to legally access or use any assets that are titled in your father's name alone, however, so it is likely that if such assets exist, the wife will be filing for probate, herself.
Answered on May 06th, 2014 at 4:04 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Yes. Step-mother will get 1/2 of father's estate, and you and your siblings will share the other 1/2.
Answered on May 06th, 2014 at 1:01 PM
Yes, in Oregon the children get half.
Answered on May 06th, 2014 at 11:55 AM
Probate Attorney serving Saratoga, CA
at
Douglass Law Group
Update Your Profile
When a person dies without a Will, they die "intestate" and the laws of intestate succession are used to determine who will inherit the estate. Determining the heirs involves additional questions about your father's estate. If your father had separate property, then you would be entitled to a portion of the assets.
Answered on May 06th, 2014 at 11:16 AM
It depends on the laws of your father's state, and how his property was held or titled. In most states, children and spouse split everything according to the law set forth in the statutes or laws.
Answered on May 06th, 2014 at 10:51 AM
Thomas Edward Gates
Depending on the state you live in, the surviving spouse inherits everything.
Answered on May 06th, 2014 at 10:36 AM
2 Awards
It depends upon how long they were married and if he owned property before they were married. Speak with an attorney - most give free consultations.
Answered on May 06th, 2014 at 9:51 AM
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
If there is no will then the estate of the decedent is distributed according to the statute on descent and distribution. If there is a surviving spouse and descendants then the spouse receive of the decedent's estate and the descendants equally divide the remaining of the decedent's estate. If your mother was married to your father at the time of your birth then you are a descendent by definition. If your mother was not married to your father at the time of your birth then you have to show that your father acknowledged paternity or if you can otherwise prove paternity then you would be a descendent.
Answered on May 06th, 2014 at 8:36 AM
Probate Attorney serving New Orleans, LA
at
James G. Maguire
Update Your Profile
Yes. If he had no will, you would inherit from him.
Answered on May 06th, 2014 at 8:13 AM
It depends on a number of factors, mainly the value of his estate (if he has one) and beneficiary designations. Without knowing specifics it's very hard to give a more definite reply. Surviving spouses are typically in the driver's seat. And many times in second marriages the parents will let the children know what their estate plan is. If he didn't tell you it could be that anything you could have coming to you is not to happen until after your step-mother passes.
Answered on May 06th, 2014 at 7:58 AM