What to do if my father just passed and I am his only child but my stepmother says that there is no Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my father just passed and I am his only child but my stepmother says that there is no Will?
They have a home paid for, money in the bank and a truck paid for. What am I entitled to?
Asked on December 29, 2012 under Estate Planning, Alabama
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
What you are entitled to depends, in part, on how your father and stepmother held title to the assets. I suspect the home was in both names. If so, it now belongs to your stepmother. If the bank account was in both names, it belongs to her also. The same applies to the truck.
Any assets in your father's name alone would pass into his estate and be divided 1/2 to your stepmother and 1/2 to your father's children.
If you believe your father had significant assets in his name alone, I suggest you consult a probate attorney in your area to assist you.
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.