What to do if my mother passed away 2 months ago without a Will and my father refuses to give any of her property to us kids?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my mother passed away 2 months ago without a Will and my father refuses to give any of her property to us kids?
He moved a woman into the house 2 weeks after my mother passed and said that all my mothers jewelry and stuff is his to do with how he feels fit. I looked into state law and he is right, except before I was born, my dad walked out on the family and my mom remarried and had me. My natural father left and a few years later my dad came back into the picture. I was never adopted by my dad and the law says I get 1/2 the estate. is this true? Would that mean 1/2 of everything that was in their names?
Asked on July 17, 2012 under Estate Planning, West Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your mother died without a Will or trust in place then under your state's laws on intestate succession (when a person passes without a Will or trust in place), you may be entitled to a portion of her estate as one of her surviving heirs. In order to see what rights you may have as to your mother's estate, you should consult with a Wills and trust attorney to discuss your state's laws on intestate succession.
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.