If I am an only child and the only listed beneficiary, do I get everything?

UPDATED: Sep 30, 2022

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If I am an only child and the only listed beneficiary, do I get everything?

My father died and we can’t find a Will but I’m the only child and the only person listed as a beneficiary. am I entitled to his automobiles?

Asked on August 25, 2016 under Estate Planning, Alaska


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

Answered 6 years ago | Contributor

If you cannot find your late father's Will, then he will be consoidered to have died "intestate" (i.e. without a Will). Accordingly, his estate will pass as per the intestacy laws of the state in which he was domiciled as of the date of his death. If you are his only "heir" (i.e. next of kin), you will be entitled to his entire estate. However, if he left a surviving spouse, then she too will receive a portion of his assets, exactly how much depends on specific state law.

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.

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