If father died without a will and was married but not to my mother, am I entitled to anything? 20 Answers as of May 14, 2014

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Christine Sabio Socrates Attorney at Law | Christine Socrates
You may be entitled to a portion of your father's estate under the probate laws. The statute of descent and distribution only give a portion of the estate to the surviving spouse of a decedent who died without a will. The amounts depend on the whether there were children between the two of them and whether she was the natural or adopted mother of any of these children. I would consult with a probate attorney who can evaluate the facts in your case and determine what you would be entitled to.
Answer Applies to: Ohio
Replied: 5/14/2014
Stephens Gourley & Bywater | David A. Stephens
In Nevada yes.
Answer Applies to: Nevada
Replied: 5/7/2014
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Maybe. Assuming you are 18 or older, in Nevada if the Probate estate exceeds $100,000 in value and included assets that were separate property you may be entitled to a portion that you share with your other siblings. If it is all community property it all goes to the wife. If the estate is under $100,000 absent a prenuptial agreement it would all go to the wife, even if it was all separate property. If you are under 18, other rules may apply. You may want to consult with an attorney on your specific facts.
Answer Applies to: Nevada
Replied: 5/6/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Probably. Please see a probate lawyer.
Answer Applies to: California
Replied: 5/6/2014
Law Office of Pamela Braynon | Pamela Y. Braynon
Yes you are. Wife receives 1st 60, 000 and if you are his only heir will receive 1/2 the balance while wife receives the other half.
Answer Applies to: Florida
Replied: 5/6/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    If you are a son/daughter by birth or adoption, you may have a claim on some of the estate. The intestacy law in the state in which your father resided at the time of his death will determine whom your father's heirs are.
    Answer Applies to: Nebraska
    Replied: 5/6/2014
    Frederick & Frederick PLC | James P Frederick
    It depends on facts which are not included in your summary. How were your father's assets titled? Were they in his name alone or held jointly with the wife? If they were held jointly, you are out of luck. If they were in your dad's name alone, then you may be entitled to a portion of the estate. A probate estate would need to be opened in order to sort this out, if that is the situation. Determining ownership of some of the assets may be difficult. The spouse will not be able to legally access or use any assets that are titled in your father's name alone, however, so it is likely that if such assets exist, the wife will be filing for probate, herself.
    Answer Applies to: Michigan
    Replied: 5/6/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Yes,. Obtain the services of probate legal counsel to represent you in claim to an inheritance from your father, as you are a blood heir.
    Answer Applies to: California
    Replied: 5/6/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    If you are an only child, you get half of his separate property, if any. If he is survived by other issue than you, then two-thirds of the separate property gets divided among his issue.
    Answer Applies to: California
    Replied: 5/6/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Yes. Step-mother will get 1/2 of father's estate, and you and your siblings will share the other 1/2.
    Answer Applies to: Oregon
    Replied: 5/6/2014
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Yes, in Oregon the children get half.
    Answer Applies to: Oregon
    Replied: 5/6/2014
    Douglas P. Barnes, A Professional Law Corp.
    Douglas P. Barnes, A Professional Law Corp. | Judith N. Douglass
    When a person dies without a Will, they die "intestate" and the laws of intestate succession are used to determine who will inherit the estate. Determining the heirs involves additional questions about your father's estate. If your father had separate property, then you would be entitled to a portion of the assets.
    Answer Applies to: California
    Replied: 5/6/2014
    Danville Law Group | Scott Jordan
    You would need to provide more information. Since you are his son, you are an heir and may be entitled to inherit from his estate.
    Answer Applies to: California
    Replied: 5/6/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    In California, if a decedent dies without a will, is married and has children, the estate will be divided between the spouse and the children. Make sure that any real property held by your father was not held in joint tenancy with his wife. Joint tenancy with right of survivorship goes to the surviving tenant. Contact a probate attorney to discuss this matter in more detail.
    Answer Applies to: California
    Replied: 5/6/2014
    Durham Jones & Pinegar | Erven Nelson
    It depends on the laws of your father's state, and how his property was held or titled. In most states, children and spouse split everything according to the law set forth in the statutes or laws.
    Answer Applies to: Nevada
    Replied: 5/6/2014
    Gates' Law, PLLC | Thomas E. Gates
    Depending on the state you live in, the surviving spouse inherits everything.
    Answer Applies to: Washington
    Replied: 5/6/2014
    James Law Group
    James Law Group | Christine James
    It depends upon how long they were married and if he owned property before they were married. Speak with an attorney - most give free consultations.
    Answer Applies to: California
    Replied: 5/6/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If there is no will then the estate of the decedent is distributed according to the statute on descent and distribution. If there is a surviving spouse and descendants then the spouse receive of the decedent's estate and the descendants equally divide the remaining of the decedent's estate. If your mother was married to your father at the time of your birth then you are a descendent by definition. If your mother was not married to your father at the time of your birth then you have to show that your father acknowledged paternity or if you can otherwise prove paternity then you would be a descendent.
    Answer Applies to: Illinois
    Replied: 5/6/2014
    Attorney At Law | James G. Maguire
    Yes. If he had no will, you would inherit from him.
    Answer Applies to: Louisiana
    Replied: 5/6/2014
    John Ceci PLLC
    John Ceci PLLC | John Ceci
    It depends on a number of factors, mainly the value of his estate (if he has one) and beneficiary designations. Without knowing specifics it's very hard to give a more definite reply. Surviving spouses are typically in the driver's seat. And many times in second marriages the parents will let the children know what their estate plan is. If he didn't tell you it could be that anything you could have coming to you is not to happen until after your step-mother passes.
    Answer Applies to: Michigan
    Replied: 5/6/2014
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