How canI find out if I’m entitled to anything from my father’s death if my mom is hiding information about it or won’t tell me?

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How canI find out if I’m entitled to anything from my father’s death if my mom is hiding information about it or won’t tell me?

Asked on July 20, 2011 Texas

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  I am assuming here that your Father died with a Last Will and Testament in place, correct?  If that is correct then the Will is a public record and one it is filed in the court in the county in which your parents resided at the time of his death you can indeed view it.  But you should be notified of the filing and receive a copy prior thereto under the law I am sure.  Now, if your Father died without a Will you are entitled to receive a portion of his estate under what is known as intestacy laws.  But remember: you will receive that portion of the estate that was not jointly held. In other words, if the house, the car and the bank accounts were jointly held with your Mother with rights of survivorship then they passed to her automatically at his death and he may have very little of an estate to probate.  Ask a family member that you trust and your Mom trusts to intervene here.  Good luck.

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  I am assuming here that your Father died with a Last Will and Testament in place, correct?  If that is correct then the Will is a public record and one it is filed in the court in the county in which your parents resided at the time of his death you can indeed view it.  But you should be notified of the filing and receive a copy prior thereto under the law I am sure.  Now, if your Father died without a Will you are entitled to receive a portion of his estate under what is known as intestacy laws.  But remember: you will receive that portion of the estate that was not jointly held. In other words, if the house, the car and the bank accounts were jointly held with your Mother with rights of survivorship then they passed to her automatically at his death and he may have very little of an estate to probate.  Ask a family member that you trust and your Mom trusts to intervene here.  Good luck.


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