What happens if my dad recently passed away but he had no Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

What happens if my dad recently passed away but he had no Will?

He had a house that was completely paid for and 2 vehicles completely paid for. Also, life insurance and retirement. The only children he had were my brother and I. I was just wanting to know what rights I have and is he obligated to divide everything with me 50/50?

Asked on June 14, 2014 under Estate Planning, Oklahoma

Answers:

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

Answered 7 years ago | Contributor

I am so sorry for your loss.  If your Father died without a WIll then he died "intestate" and the intestacy statute in Oklahoma would apply.  That is the state you listed so I am assuming it was the state he lived in.  If he had no spouse and only "descendants" - you and your brother - then the two of you inherit everything in his estate equally: 50/50. His estate includes everything in his name at the time of his death and his personal property. Certain assets  - like a retirement or life insurance policy - can have a named beneficiary listed. That item would then go to that person or persons automatically as it is considered to "pass outside the estate." You should speak with a lawyer to help probate the estate. Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption