What if my dad has passed away without making a Will?

UPDATED: Oct 2, 2013

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What if my dad has passed away without making a Will?

He and my mom never married. He had a safety deposit box which I have the key for. I paid for his cremation and have his death certificates. How may I get access to his belongings?

Asked on October 2, 2013 under Estate Planning, Hawaii


Nathan Wagner / Law Office of Nathan Wagner

Answered 9 years ago | Contributor

Was your father married at the time he passed away? Did he have other children? Assuming that he was not married and you are his only child, you should inherit all his belongings (after his creditors are paid). Depending on what he owned, you may have to open probate case to get access to his assets. These procedures vary from state to state. You should consult with a local probate attorney about your situation.

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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