What to do if my father just passed and I am his only child but my stepmother says that there is no Will?

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What to do if my father just passed and I am his only child but my stepmother says that there is no Will?

They have a home paid for, money in the bank and a truck paid for. What am I entitled to?

Asked on December 29, 2012 under Estate Planning, Alabama

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

What you are entitled to depends, in part, on how your father and stepmother held title to the assets.  I suspect the home was in both names.  If so, it now belongs to your stepmother.  If the bank account was in both names, it belongs to her also.  The same applies to the truck.

Any assets in your father's name alone would pass into his estate and be divided 1/2 to your stepmother and 1/2 to your father's children.

If you believe your father had significant assets in his name alone, I suggest you consult a probate attorney in your area to assist you.


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