If my father died and hadno Will, who inherits?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my father died and hadno Will, who inherits?

My father died in 1999. His wife is my stepmother. He had no Will so she got everything. Is there anything I can do?

Asked on August 1, 2011 South Dakota

Answers:

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

Answered 12 years ago | Contributor

I am so sorry for your loss.  If a person dies without a Will they are said to have died "intestate."  Each state has a set of laws that governs who will inherit in the event that a person dies without a Will. Generally a wife will get a portion of the estate (either a monetary portion or a third, etc.) and the rest is divided by those who survived.  Once a child is born then they inherit as well.  In some some states it matters if you are a child of the decedent and his/her surviving spouse.  Now, you can only inherit that potion of your Father's estate that was not held jointly with his spouse.  If a house or joint bank accounts are held with rights of survivorship then they are not part of the estate for distribution.  Please seek help in your area.  More information is needed to determine if you were to inherit anything.  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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption