If my father died with no Will arehis adult living children entitled to anything?

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If my father died with no Will arehis adult living children entitled to anything?

Estate consists of stock and 401(k). What should I do?

Asked on January 20, 2012 under Estate Planning, California

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss. If your father died with out a Will it is known as dying intestate and the intestacy statutes in your state will govern how the proceeds of his estate are distributed.  Generally speaking, siblings inherit equally. Now, make sure that nothing in his estate has a beneficary designation which names someone to get the asset upon his death. That would not be part of his estate.  Next, you would file a petition in court to be named as the personal representative of  his estate. You may need help here froman attorney with all of this. Good luck. 


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