What steps should I take to to claim inheritance if the deceased did not leave a will?

Question

My mother passed away last month and my stepfather is the surviving spouse.  We have not been told of any will or life insurance.  We have not had access to her personal items.  She did leave us a payable on death certificate of deposit which my step father claims is his retirement life savings and is upset that she left that to us.  I don't know what I need to do.  I read in a waiver that we daughters should be receiving 50% of all her assets and my step father 50% if there is no will.  What steps should I take?

Erven Nelson · Answer

You should hire a good probate lawyer and fight for your rights.  I can help you find one.

Robert Long · Answer

Be sure the lawyer you consult is licensed in the state that was your mother's residence at the time of death.

Frances Headley · Answer

You should consult a probate attorney to review all of the facts to determine how the property should be divided.  It depends on whether her property was community  with her husband or her separate property.

Edward Armstrong · Answer

You need to retain a lawyer.  Under Missouri law, the heirs at law are:  the surviving spouse (entitled to the first $20,000 in value of the estate and one-half of the balance) and the children (or the descendants of deceased children) as to the other half.  BUT, if your mother titled everything jointly between herself and your stepfather, well then he would be entitled to all of it.  If an estate has not been opened, one may have to be.  The first thing you should do is retain counsel.

Christine James · Answer

You need to sit down with an attorney.  A probate is likely needed if the marriage was fairly short term.  If long term, there may be little property for you.  Only an attorney can really evaluate this for you and give you the best answers.

Kathleen Delacy · Answer

Anything joint with her husband is his.  The POD CD would be yours, he cannot keep that.  You should take a death certificate to bank where CD is held to change into your name.  In Delaware, if intestate, if decedent owned home in her name, spouse would get a life estate.  He could elect to take as surviving spouse also.

Mark T. Peters · Answer

It kind of depends on whether she had separate assets.  If all of her assets were community property you might not get anything.  You could petition the court to start a probate proceeding.  That would at least force step-dad to release information.  However, you may find that she left everything to him as a joint tenant and beneficiary.

Kelvin Green · Answer

You can petition for intestacy and available estate probated. I suggest you get an attorney

Victor Waid · Answer

Obtain your self probate legal counsel and file a petition into probate court to administer the estate of your mother, to determine who is entitled to what part of the estate.

Randy Lish · Answer

You will need a local probate attorney.  He will file to have you appointed as executor, and to open an intestate probate.

Jayne Sebby · Answer

You should file a request to submit the estate for probate with the probate court in the county your mother resided in at the time of her death.  You can also request that you or your siblings be named executor.  State statutes will determine who inherits what from her estate.  You are correct that living children usually receive a portion of a deceased parents estate.  As the CD has a beneficiary designation (you and your sisters), that will not be part of the probated estate.

John Brennan · Answer

Generally you are correct, engage an attorney.

Thomas Edward Gates · Answer

If there is no will, state statute defines how her estate is to be distributed.  If there is life insurance, the beneficiary designation defines how that is distributed.  Generally, this distribution bypasses probate.

Richard Keyes · Answer

Most husbands and wives have everything in joint names.  By operation of law, all assets in joint names goes to the surviving spouse.  Therefore, there may not be any assets going though probate.  You are correct that you and your siblings would get one-half of your mother's estate and your step-father the other half.  Please remember that this is only true of assets that go through probate.

David Leon · Answer

You should compile a list of assets and liabilities of the estate. In many cases, you will have to file an application for probate in order to administer the estate. In other cases, you can use summary procedures. You should discuss this with counsel, in detail.

Susan Wideman · Answer

If your mother died and had assets which your step-father co-owned or was the beneficiary - he gets those assets no matter what her will says.  If she had any assets which were in her name alone when she died with no beneficiary - those should go to court for Probate administration.  If anyone has her original will they have a duty to provide that will to the Probate Court.  If she had no will the laws of the state of Michigan will control her Probate estate.  If you are sure she had Probate assets you could go to Probate Court and open an estate in her name and administer that estate.  However, your step-father could still have a legal right to a part of the Probate assets whether she has a will or not.

James Frederick · Answer

More information would be needed. How are the assets titled? If everything is in joint names, then it would pass to the surviving owner. As you know, an asset with a designated beneficiary goes to the beneficiary. If the assets were in the decedent's name alone, then in the absence of a Will, the intestate law would determine who gets what. In Michigan, the surviving spouse would be entitled to as much as $200k plus a portion of the remaining assets.  The title of the assets is the key.

Brian Haggerty · Answer

The CD which was payable on death to you and your sister is yours, regardless of will or no will. Go to the bank with a death certificate and get it. You are correct that everything else is split 50/50, spouse and children. You will need to open the administration of your mother's estate, but first determine if there is anything that needs to be administered. House? In joint names with spouse, it's his. Other bank accounts joint with spouse? They're his. Getting a lawyer's help with this would probably be a good idea.

D. Nathan Davis · Answer

You need to contact an attorney at once.  If there was a will, one result may be that you get nothing from the estate.  If there is no will, your stepfather would inherit with the children of your mother which include you.  Only contacting an attorney will give you the information that you need.  If there is no will, who will be the Personal Representative is also an issue that you need to discuss with an attorney.

Ben Liu · Answer

You should consult an attorney to review all the facts and any documents you have.

James Maguire · Answer

You should make an appointment to talk to an attorney about this matter.   There are a lot of issues involved, including the nature of their assets   (separate or community). That would make a big difference in how her assets  will  be treated.

Dara J. Goldsmith · Answer

In  Nevada that is only true for separate property, assets that were obtained before marriage and not commingled or held as a joint tenancy or a pay on death beneficiary, then that may be true.  Also if the total value of what she had is under $100,000 then under Nevada law it all goes to her husband. If any of her children are under 18 they may have some rights if the estate is under $100,000.  I urge you speak with an attorney where your mother died to hep you assess your personal situation.

Charles Perry · Answer

You need to contact a probate lawyer to determine what rights you may   have in your mother's estate.  It is not possible to advise you in a   public forum as to what you should do.  In general, there should be a sharing of your mother's separate   property, and her 50% interest in the community property, between your   mother's husband and her descendants.  Without more information,   however, it is not possible to advise you.  It may be that your mother's estate needs to go through probate.    Again, a good probate lawyer should be able to advise you.

Bernard H. Greenberg · Answer

Step 1. Hire an attorney.  Step 2. File a Demand for Notice in your Mother's probate proceeding.  Step 3. Proceed with Step 1 immediately.

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What steps should I take to to claim inheritance if the deceased did not leave a will?

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