Am I entitled to anything from my father since I am the first born and have his exact same name? 8 Answers as of July 07, 2014

My question is that my dad has four businesses and 2 houses he was married to my Mom for 12 years than they got divorced. I am the first born and I have a sister. He then re-married in 1994 and had another 2 children.

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Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
If your father is deceased and left a will or a living trust, you would inherit according to the terms of his will. If you father did not have an estate plan, you would be entitled to a share of his estate depending upon the probate laws of the state where your father lived prior to his death. Contact a probate attorney to discuss this matter in more detail.
Answer Applies to: California
Replied: 7/7/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
British system: First born. Ca system: share equally. However, the new wife may be entitled to some or all, depending on separate or community property. Will? Trust?
Answer Applies to: California
Replied: 7/2/2014
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
You need to find out if there was a will or trust in place first. If so, then the terms of those documents would control. If not, then under intestate succession rules you should be entitled to something. Follow up with the court in the county he lived in to see if there is a probate proceeding. If there was a trust in place there may not be a probate so you would need to contact other family members or your father?s attorney to find out what is going on.
Answer Applies to: California
Replied: 7/2/2014
James Law Group
James Law Group | Christine James
Having his name and being the first born entitles you to nothing. If he died without a will or trust, you may have an interest in the estate if he had separate property and/or was divorced at the time of his death. If he left a will or trust leaving you out, you may very well be entitled to nothing.
Answer Applies to: California
Replied: 7/2/2014
Steven Alpers | Steven Alpers
First this is a probate and estates issue. You father can leave his property to anyone including the Hare Krishnas. He does not have to leave anything to you. If he does not have a will you will get a portion of his estate. The only place I know of that deals with the first born male is England and under their laws Prince Charles is next in line for the throne. LOL If the two of you have disputes he does not have to leave anything to you.
Answer Applies to: California
Replied: 7/2/2014
    Law Office of Linda K. Frieder
    Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
    If you are talking about intestate succession, it works like this: Unless there is a will specifying otherwise, 50% goes to the current wife, and all living children split the rest. It does not matter what order you were born in.
    Answer Applies to: California
    Replied: 7/2/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Yes, unless he disinherited you. Obtain services of a probate attorney to represent you.
    Answer Applies to: California
    Replied: 7/2/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    You are entitled to be mentioned in his will. If not then you get one-sixth of his separate property, if any.
    Answer Applies to: California
    Replied: 7/2/2014
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