If my father dies, am I entitled to anything?

My father passed away 3 years ago. I was 19 when he died and am currently 23. My father was employed (28 years) at the time of death. He received a pension, Social Security, insurance, etc. He was re-married and had just adopted 2 children, although I was his only biological child. The 2 children and my step-mother are currently receiving benefits; I am not. I’ve never asked for anything, even though there are certain things that were promised to me. I’m not trying to be greedy, it just doesnt seem legally “fair”.

Asked on July 16, 2012 under Estate Planning, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not you were gifted anything from your father upon his passing depends upon whether he had a Will or a trust naming you as a beneficiary. If you were not named then you get nothing. If your father passed without a Will or a trust then under your state's intestacy laws you mighr be entitled to a portion of his estate.

The benefit that the minor children and step-mother are receiving is his social security benefits which you are not entitled to since you are not a minor and are not a spouse. I suggest that you consult with a Wills and trust attorney about whether there was a probate or trust administration concerning your father's estate.

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