Is a son not entitled to his father’s estate?
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Is a son not entitled to his father’s estate?
My son’s father died about a year ago. I don’t know the full details but I do know his mother was on his bank account and such. His 32 year old son got his vehicles but his mother got money and only gives out to the son what she feels like, about $400 a month. There was no Will. Why did she get it and not the son?
Asked on February 25, 2017 under Estate Planning, Arkansas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Since your son's grandmother was a joint account holder, as the survivor she would have taken over ownership of the account in full upon your son's father's passing. The means that the money in the account did not become part of his estate. Accordingly, your son has no right to it. That having been said, since his father died without a Will, he died "intestate". Accordingly state law controls as to who is an heir of the estate. Specifically, if there was no surviving spouse, then the entire estate should have been split among his father's children.
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