If my dad just passed away, am I entitled to any of his things?

His companion of 31 years is selling his things. My Grandmother says he paid on the house they lived in for a lot of years but his name may not be on any paperwork because he had bad credit. She feels like my brother and I should have some financial interest in the house I do not want a fight but I told my grandmother that I would seek legal advice.

Asked on November 19, 2013 under Estate Planning, California

Answers:

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

Answered 7 years ago | Contributor

I am so sorry for your loss.  Please go and speak with an attorney in your area who can take a look at the assets that your dad may have left when he passed.  If his name is not on the deed to the house then it is likely that you will not be held to have a claim in it.  If he had other assets - like a bank account - that could be an asset that you and your brother would inherit so long as it was not jointly held.  Joint assets will generally pass to the other party on them at the time of death of one of the parties.  Do you know if your Dad left a Will?  If he died with out one the intestacy laws in your state would apply and in all likelihood you and your brother are his legal heirs.  So take a look.  Good luck.


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