Is my son entitled to anything from his deceased father if the father did not leave a will?

Question

My son’s father passed. He didn't leave a will and he wasn't married.  Is my son entitled to anything being that he is the next of kin and he took full care of him when he was alive?

Thomas Phipps · Answer

In Missouri, the surviving spouse gets the first $20,000 of property and half of the remainder.  The children get the other half.

Christine Socrates · Answer

Yes, if your son was the only child then he would solely inherit his father's estate. He would only inherit assets that were left in his father's name alone without any beneficiary designation or not jointly held. These would be "probate" assets. If his father designated beneficiaries or if assets transferred on death to another individual, your son would not be entitled to them.

Frances Headley · Answer

Under intestate succession, the decedent's property should pass to the children. You should consult a probate attorney to review all of the facts and advise you.

Edward Armstrong · Answer

Your son is an heir at law of his father.  What this means is if his father had assets he would be entitled to a portion of those assets and size of that portion would depend on what other heirs of the father there are.  In Missouri the estate of a deceased person is divided like this:  If there is a surviving spouse that spouse is entitled to the first $20, 0000 in value plus one-half of the remaining estate; the children of the deceased person are entitled to the other half and it will be divided equally between them.  If a child has died and leaves children of his/her own, they are entitled to that child's portion.  For any of this to happen an estate must be opened in the Probate Division of the Circuit Court in the county where the deceased person was domiciled (living) at the time of his death.

Edwin K. Niles · Answer

It has nothing to do with caring for him and everything to do with the kinship.  If dad didn't have a will or a trust, your son will probably have to open a probate with the court, unless Dad's estate qualifies as a small estate.  When someone dies intestate (without a will) the estate goes to the closest heirs.

James Frederick · Answer

The answer depends on the nature of the assets and how they were titled. If title was in his father's name alone, (and there were no beneficiaries named), then your son would be an heir, along with any other siblings. If the assets were joint or had a beneficiary designated, then your son may be out of luck.

Geoffrey Germane · Answer

Only if he is not your son as well is he entitled to something.  If he is your son and your spouse passed away without a will, your son is not entitled to anything.

Victor Waid · Answer

The child of the deceased father without a will is entitled to the whole estate of the father, assuming  there are no other children existing.

Georges Shers · Answer

Normally your son would be entitled to the entire estate as being the closest kin.

Jeffrey Strickland · Answer

In Tennessee, if there is not a Will, everything will pass under intestate succession. If no spouse, the estate will go to all children in equal shares. If a child predeceased the father, those children receive their parent's share. Depending upon the county, the person seeking to be appointed as the administrator must have counsel.

Thomas Edward Gates · Answer

In Washington, if there is no spouse,  the children inherit the estate if he died intestate (without a will).

Norman Green · Answer

Yes.  The estate passes to his issue, generally his children.

Bernard H. Greenberg · Answer

Yes. He has rights as a surviving child and may have a claim for compensation as well.

Christine James · Answer

Yes. He and his siblings are his heirs.

Ben Liu · Answer

He may be.  See a lawyer to see if the son can be the personal representative and start a probate.

Brian Haggerty · Answer

If you are in Oregon, and father died unmarried without a will, then his children split his estate equally. Petition the court to be named "Administrator" of his intestate estate.

Dara J. Goldsmith · Answer

If there is no Will and the father was not married at the time of death, then your son and any other children of the father would be entitled to inherit the estate.   A probate will need to be opened.  Your son should seek counsel where his father resided.  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.

Mark T. Peters · Answer

Yes.  Your son needs to start a probate estate to pay his father's bills and then distribute the rest to him.

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Is my son entitled to anything from his deceased father if the father did not leave a will?

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