If my father passed away but my mother is still living, do I have any rights to any of his things?
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If my father passed away but my mother is still living, do I have any rights to any of his things?
Asked on October 27, 2014 under Estate Planning, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am so sorry for your loss. Anything that was considered marital property passed to your Mother at the time of his death. If your Father died with a Will you would receive anything that he devised (left) to you therein, so long as it was not marital property. If he passed with out a Will then anything considered his personal (not marital) property would pass via intestacy and you would share in that. Good luck.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am so sorry for your loss. Anything that was considered marital property passed to your Mother at the time of his death. If your Father died with a Will you would receive anything that he devised (left) to you therein, so long as it was not marital property. If he passed with out a Will then anything considered his personal (not marital) property would pass via intestacy and you would share in that. Good luck.
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