What are we entitled for if dad didn't have a will?

Question

He remarried 35 years ago and had two more children.  My brother and I have no relationship with her.  Are we entitled to anything?

Dera Johnsen-Tracy · Answer

If your father died without a will (i.e., "intestate") as a resident of the State of Wisconsin, all assets that were titled in his name at the time of his death and that were not passed to beneficiaries by virtue of beneficiary designations or transfer on death designations (his "probate estate") will ultimately be distributed to his heirs at law.  In Wisconsin, this means that one-half of his probate estate will be distributed to his surviving spouse and the other half will be distributed in equal shares among all of his children.

James Malinowski · Answer

When a person prepares a Will, they are able to direct the distribution of their assets after their death. If you don't prepare a Will, the state probate laws will dictate the division of your assets after your death. As a child, you are entitled to share in your father's estate. You must understand that if your father's assets were owned jointly with his wife, he would not have an estate which would be subject to probate laws. Only assets that are in the name of one person will require probate.

Edwin K. Niles · Answer

The issue is separate versus community property.  Talk to a probate lawyer.

Frances Headley · Answer

When someone dies intestate, without a will, then the community property goes to his wife and the separate property is divided equally between his wife and his children.  You should consult a probate attorney to review all of the facts concerning the origin of his assets to determine if you have any interest.

Norman Green · Answer

You are each entitled to one-sixth (1/6) of his separate property, if any.

James Frederick · Answer

It depends. Even without a Will, your father could have provided for you by naming you as beneficiaries on some of his assets. There could be life insurance. There could be IRAs or annuities, as well. If that was not done and you were not joint tenants on any of his assets, then you would be unlikely to receive anything, unless the estate were relatively large. In the absence of a Will, the spouse is entitled to roughly the first $200K and half of the rest.

Victor Waid · Answer

Suggest you obtain a probate lawyer to investigate your right to any part of the assets of your father along with his other descendant children.

Jayne Sebby · Answer

You will have to check the intestacy laws of the state your father resided in at the time of his death.  In some cases, the estate is split between the surviving spouse and the children of the deceased.

Eric Smith · Answer

Yes, you have a right to a portion of both his separate property (property he owned prior to marriage, and to community property. However, there is no requirement that a probate proceeding be started just because your father died, and to assert your intestate succession rights (the rights of heirs when there is no will), you will have to file a probate proceeding in the county where he died or resided when he died. If your father died without any land titled in his name, it is possible no probate proceeding will be started unless you start it.

Brian Haggerty · Answer

Yes. You are heirs at law. Contact a lawyer to represent you in this matter.

Kathleen Delacy · Answer

If everything was joint with his new wife, then no.  If he had any property in his name alone then you may be entitled to something, depending on what it was.

Christine James · Answer

Based upon the long term of the marriage, you are not likely entitled to anything.  If you father had property that he had before the marriage and kept it separate, you might be entitled to something, but that is rare.

Randall Romei · Answer

If there is no will the statute on descent and distribution controls the distribution of assets in the estate.  If married at death then:   to the spouse and  divided among the children born to or adopted by the decedent.  If there are two children from the first marriage and two children from the second marriage, then each child receive  of the children's 1/2 portion. or 1/8 of the overall estate.  Please note that any property held by the decedent in joint tenancy will pass directly to the surviving joint tenant and is not part of the decedent's estate and is not subject to the above described division and distribution.

Mark T. Peters · Answer

I don't know.  It depends on the state you are in and how the property was held.  If your father maintained separate property, there is a possibility that you may be entitled to part of it, but I wouldn't hold my breath.

John Brennan · Answer

In Michigan you would have rights under the probate code if your father died intestate seized individually of assets.

Dara J. Goldsmith · Answer

Probably not unless he had separate property from 35 years ago that he never titled in another's name.  The children would all split 2/3 of the separate never commingled property form 35 years ago.  Hence, it is unlikely.

Mark Schaefer · Answer

Yes. Unless she requested and was awarded assets as Year's Support, you and your brother would each be entitled to one-sixth of your father's estate under Georgia law.

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