Can my father’s wife have a public auction of my dad’s belongings if there is no Will?

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Can my father’s wife have a public auction of my dad’s belongings if there is no Will?

My father passed away form a terminal illness 2 months ago. We were told there is no will from his wife. she is now auctioning off all of his belongings and household belongings. as the children do we have any rights? She didn’t even ask if we were interested in any of the mementos.

Asked on March 1, 2012 under Estate Planning, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your father had not Will or trust, his assets must be disposed of through the adminstration process where under state law statutes direct how the assets of your father are to be disposed of. A petition needs to be filed with the court clerk by an interested party.

It is improper for your father's wife to be auctioning off items at this point in time. His estate must go through a court administration process. I suggest that you consult with a Wills and trust attorney about this situation.


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