If my father died without a Will and left my stepmother in charge of everything, is there anything that I can do to receive anything?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my father died without a Will and left my stepmother in charge of everything, is there anything that I can do to receive anything?
Asked on June 28, 2015 under Estate Planning, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If someone dies without a Will then they die "intestate". Accordingly the interstacy laws of the state in which they were domiciled as of the date of their death will control. Typically the division is 1/2-1/3 to the survingvi spouse, if any, and the remainder to be equally dicided among the children of the deceased.
Consequently, you are entitled to a portion of the assets that remain after all creditors are paid and other financial obligtions of the estate have been satisfied. So even if your stepmother has been named the estate's Personal Representative (like an executor when there's no Will), she still must distribute your father's assets according to state law.
At this point, you may want to consult directly with a probate attrorney or at least obtain further information from the appropriate probate court (i.e. the one located in the county where the estate will be probated).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.