Can me and my other sibblings split my dads proprty and law suit money

My dad died when I was young so I believe his wife got the house then she died. My father had 6 kids from 2 woman. My brother and I were the 2 outside of their marriage. So the wife lived in that house with her 4 kids. And my brother and I were outsiders. My dad owned a house worth 1.3 million while me and my brother struggled everyday. Then he filed a law suit against MTA for 1 million dollars. He died before they finished the case. So I want to know if me and my brother is entitled to any of the money because his other kids got there part.

Asked on December 11, 2017 under Estate Planning, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss and the situation.  If your Father dies without a Will then yes, you and your brother should have received part of the proceeds from the settlement. If he had a Will and you are not mentioned at all then you are in good shape because in Virginia you need to specifically disinherit children.  Have the lawyer check the Probate court for the filings here.  There could also have been trusts which are not filed.  And check the lawsuit filing against the MTA as well.  Good luck.


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