How do we get our inheritance? 4 Answers as of July 04, 2013

In 1996 my father was killed. His wife (my step-mother) took all of his assets. He had a Will; it did name his kids. What if anything can we do to get our inheritance? Thanks.

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The Coyle Law Office
The Coyle Law Office | T. Andrew Coyle
At this point, that likely depends on if any assets are still in your father's name. If his name is still on real estate or on any deposit accounts - you can file to open a probate estate in the county where he resided in at the time of his death. If there are no assets with his name on them, it is quite likely that you have no recourse, but you may want to take more specific facts to an attorney for review.
Answer Applies to: Illinois
Replied: 7/7/2011
Majors Law Firm, P.C.
Majors Law Firm, P.C. | M. Jason Majors
You would likely have to file an action in Court to recover the assets that should have been distributed to your father's children. Or the children and stepmother could potentially work out an agreement regarding the division of the estate assets. I would recommend having an estate planning attorney review the Will to see what the children may be entitled to.
Answer Applies to: Wyoming
Replied: 7/7/2011
Raxter Law
Raxter Law | Jeremiah Raxter
It would depend on the details of the will. Plus you may run into a few issues due to the delay in time.
Answer Applies to: California
Replied: 7/4/2013
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You waited 14 years to ask? That makes no sense. As a general rule, a legal doctrine called laches prevents people from sitting on their rights for years and then making a claim. And, since a surviving spouse could have claimed years support and taken that before a will was probated, leaving no estate, there may not be a share to divide. You could certainly see a lawyer to investigate. But you are asking 14 years late so that makes the chance of a claim, if you ever had one, smaller.
Answer Applies to: Georgia
Replied: 7/7/2011
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