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

Answers:

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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.