QUESTION
What are MY rights as his child to his belongings and am I entitled to give ANYTHING to my aunts and uncles?
Asked on Jan 10th, 2013 on Estate Planning - Michigan
More details to this question:
My father just recently passed, and well I was up where he lives I went and gathered all his belongings, and left the big stuff until I can go up with a truck and gather it. I am the only child my father has, he was not married, and did not have a will. What are MY rights as his child to his belongings and am I entitled to give ANYTHING to my aunts and uncles, because due to my aunts and uncles being all about me, me, me, I want I want I want type attitudes I feel as if they deserve nothing. But I want to know what my rights are to his things before I have to lawyer up and take action against my own family.
16 ANSWERS
Shadi Ala'i AlaiShaffer
You are his rightful heir under probate. They do not have any rights to your dad's assets and estate generally speaking.
Answered on Jan 15th, 2013 at 7:52 PM
If you are the only heir, with no siblings and your father had no spouse then all of his property is yours absent a valid will to the contrary.
Answered on Jan 15th, 2013 at 7:40 PM
2 Awards
Generally speaking, with no will or other estate planning, the surviving spouse is the primary heir. Since their is no spouse the children would be the heir and you would legally be entitled to everything.
Answered on Jan 15th, 2013 at 7:23 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are entitled to receive and collect any and all assets of your father and give away anything you want to since you are his only direct heir.
Answered on Jan 15th, 2013 at 7:21 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, if your father was not married and you are the only child, you are entitled to all the estate. His siblings are not entitled to anything by law. Please see an attorney to find out if anything has to go through probate.
Answered on Jan 15th, 2013 at 7:16 PM
Thomas Edward Gates
Since there was no will and there is no spouse, you, as his only child, takes his entire estate. Your uncle and aunt receive nothing.
Answered on Jan 15th, 2013 at 7:16 PM
3 Awards
No one has rights to anything until your father's affairs are buttoned up. You may need to file a probate proceeding, you may not. Regardless you should consult with counsel before distributing or taking any assets. Assuming he does not have a Will and owns the assets at issue in his own name, after his affairs are handled, if you are his only child and he has not spouse, you will be the beneficiary.
Answered on Jan 15th, 2013 at 7:16 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You get it all. (assuming you were always an only child. If you have predeceased siblings,, you must share with their issue, if any. Your aunts and uncles are not entitled to anything.
Answered on Jan 15th, 2013 at 7:11 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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If you are his only child and he died unmarried and without a will, you will be entitled (after probate) to all of his assets that don't pass to someone else because of a beneficiary designation (life insurance for example) or form of ownership (jointly owned property for example). You can then give as much or as little as you want to other relatives.
Answered on Jan 15th, 2013 at 7:10 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If your father was not married, and you are his only child, and he did not have a will, then you inherit everything. If there is any real property you should file for administration of his intestate estate; if only personal property, you may not have to. If you give anything to aunts and uncles those will be gifts from you to them.
Answered on Jan 15th, 2013 at 7:06 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am not sure why a lawyer would take any action against your family. On the facts stated, you would be entitled to the entire estate. You do not say whether there ever WERE other children. If so, then THEIR surviving children might also be entitled to a share. Otherwise, it is all yours. Of course, if title is in your father's name, you will likely need to go through probate to get that changed to your name. Please let me know if you have other questions or if I can be of assistance.
Answered on Jan 15th, 2013 at 7:01 PM
Administrative Law Attorney serving Sherwood, OR
Partner at
Employment Law Professionals Northwest LLC
3 Awards
Based on your description it sounds like you are his only heir. If he had a will it would control the distribution of his assets. If there is no will the estate passes to his heirs intestate. If he had bank accounts, you will need to file with the court to take possession of them unless you were jointly on the accounts. Depending on the value of the total estate you may need to file probate. You should consult an attorney to go over all of these details and get specific detailed information for your situation.
Answered on Jan 15th, 2013 at 7:00 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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You are your father's sole heir and you are entitled to 100% of his estate. Your aunts and uncles are entitled to nothing. Certainly once you receive the estate you are free to give them whatever you wish, but you are not obligated to do so. You should hire an attorney to assist you and as part of that the attorney can tell them that you get the entire estate.
Answered on Jan 15th, 2013 at 12:32 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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If a single man living in California passes away without a will, then California law says that his assets go this children. This rule, however, only applies to assets without a designation of a successor. Assets held in joint tenancy, for example, pass to the surviving joint tenant. The proceeds from a life insurance policy pass to the named beneficiary. You will need to look at your father's documents to see whether anything has a statement of title. Normally, household belongings don't have any designation of successors. For single men in California who pass away without a will, then, these belongings will go to the children.
Answered on Jan 15th, 2013 at 12:31 PM
Most states have statutes about who inherits the estate when the deceased didn't leave a will. Generally, the assets go to the most immediate family members: surviving spouse and children. If neither spouse nor children survive, the assets go to the parents of the deceased and, if neither of them survive, to surviving brothers and sisters. So you are probably entitled to all of your father's possessions. But it is natural for a sibling to want to have something to remember a deceased brother or sister and it would be kind of you to share at least a few things with your aunts and uncles.
Answered on Jan 15th, 2013 at 12:29 PM
As the only child, you are entitled to all of your father's estate.
Answered on Jan 15th, 2013 at 12:27 PM