If I am an only child and the only listed beneficiary, do I get everything?
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If I am an only child and the only listed beneficiary, do I get everything?
My father died and we can’t find a Will but I’m the only child and the only person listed as a beneficiary. am I entitled to his automobiles?
Asked on August 25, 2016 under Estate Planning, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you cannot find your late father's Will, then he will be consoidered to have died "intestate" (i.e. without a Will). Accordingly, his estate will pass as per the intestacy laws of the state in which he was domiciled as of the date of his death. If you are his only "heir" (i.e. next of kin), you will be entitled to his entire estate. However, if he left a surviving spouse, then she too will receive a portion of his assets, exactly how much depends on specific state law.
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