If my parents were divorced and my father passed away, are we entitled to his share and what should we do next?

My parents were divorced last year and in their divorce they were to sell a home and a business, pay off the debt and split the remainder of the money. My dad passed away recently and left no Will. My brother and I are his only kids. Are we entitled to his half of the remainder of real estate after it sells?

Asked on August 13, 2012 under Estate Planning, Missouri


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

Answered 8 years ago | Contributor

I am so sorry for your loss.  If your father died with out a Will then the intestacy laws in your state will apply. Generally under the state intestacy laws you and your brother would be the sole beneficiaries of your Father's estate.  But the estate has to honor the agreement made in the divorce and do what it has to to make sure that it is carried out.  One or both of you has to be appointed as the personal representative of the estate.  File a petition in the probate court in the county in which he resided at the time of his death.  Good luck.  

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