Am I entitled to an inheritance if my father passed away 7 months ago without a Will?

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Am I entitled to an inheritance if my father passed away 7 months ago without a Will?

My stepmother has the house, the property, and is receiving checks from his retirement and possibly social security. Am I entitled to anything considering im his biological child?

Asked on June 29, 2018 under Estate Planning, Iowa

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When some dies "intestate" (i.e. without a Will), then the intestacy laws of the state in which they were domicled when they died will control. Typically, this means 1/2-1/3 to the survivng spouse, if any, and the remainder to be equally divided between the children of the deceased. Accordingly, while you have no rights to her Social Security compensation (even if she is drawing off of your late father's record), you do have right to the house an other property, although cetain pension benefits, 401's, etc. go directly to the named beneficiary. At this point, you should consult directly with a local probate attorney who can best advise you further as to your rights.


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