If my father pass away 15 yers ago and my mom just passed away last week, who gets the benefits from my dad’s passing away?

It’s just me and my sister, she’s older. She thinks since shes the oldest, she will get everything now. When my Dad passed away I didn’t get anything or know anything because my sister took over his account, the benefits for social security and payments drom when my father was in the military. My mom was still living then but didn’t know much about taking care of my father’s business, so my sister took over everything. Now and since the passing of my mother, I want to know if I’m entitled to half of the house payments (she rented out the old house my father owned) and all the miltary and social benefits that mom recieved?

Asked on June 22, 2012 under Estate Planning, California


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

Answered 8 years ago | Contributor

I am so sorry for your loss.  Please, please, please get a lawyer as soon as you can.  There are so many issues going on here it is difficult to find a place to start.  If your sister unduly influencd your Mom or did something under handed with regard to your Father's assets then some thing needs to be done.  But I am worried about the time frame here (15 years).  The assets pass by either operation of law (as between married people) or by WIll or intestacy if there is no Will.  So you should have been entitled to some thing down the line here.  Good luck. 

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