How can we get our dads property if he didnt sign a will? 4 Answers as of July 26, 2011

My dad died and his wife gets everything due to the fact his will was lost. They were going to divorce in 99 and she signed a quick claim deed in 99' that she didn't want anything but they stayed together afterward. She signed that and got a truck from my dad and lost it to her drug dealer before returning to my dad. The divorce didn't go through. My father died last Tuesday and she signed a notarized paper that was drawn up by a paralegal that she didn't want the land or house again the day after his death. She sold his tractor immediately after his death and is a drug addict ( to the point of near overdosing daily) she is already thinking she made a mistake by signing. It has been a week and she is almost out of money. What legally do we need to do to save our father's land and home for us his daughters. We have both signed notarized copies.

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Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
You need to review the documents with an estate planning lawyer in Florida (assuming he lived there). She might have a right to the home, but the document she signed may serve as a post nuptial agreement and that may go to his children.
Answer Applies to: Florida
Replied: 7/26/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
First of all the paralegal committed a crime (and may have confused matters more). You need a lawyer. Paralegals cannot practice law.
Answer Applies to: Georgia
Replied: 7/26/2011
The Coyle Law Office
The Coyle Law Office | T. Andrew Coyle
There are a lot of variables to these situations and you really should have an attorney review everything for you; however, assuming your dad died with no valid will, of his estate would go to his surviving spouse and would be split among his surviving children. Anyone can choose to deny their rights to the estate however, I doubt that the wifes signing of a document would be sufficient for that. Again, you should have everything reviewed by an attorney who can give you more specific advice for your situation.
Answer Applies to: Illinois
Replied: 7/26/2011
Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
If your father didn't have a will and didn't have any children with his wife, the children and the wife split the estate 50% to the wife and 50% to the children (if there are 2 children they each get 25%). You would have to file an estate administration and would need an Administrator who lives in Alabama to be in charge of the estate.
Answer Applies to: Alabama
Replied: 7/25/2011
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