If my father just passed and was married at the time of his death, is his wife entitled to everything or do we have rights?
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If my father just passed and was married at the time of his death, is his wife entitled to everything or do we have rights?
He’s got businesses in 2 different state, along with property in both. I have 2 sisters and my self.
Asked on September 4, 2014 under Estate Planning, Montana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Sorry to hear about your father.
If your father left a Will, the Will is controlling as to inheritance.
If your father did not leave a Will, the rules of intestate succession determine inheritance. Intestate means dying without a Will.
Under intestate succession, the surviving spouse inherits your father's entire estate.
If there had not been a surviving spouse, then you and your two sisters would have each inherited 1/3 of your father's estate.
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