What to do if my father passed away and my stepmom said that he left nothing for me?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my father passed away and my stepmom said that he left nothing for me?

There’s no Will. I don’t believe that he left me something. How can I get it?

Asked on March 10, 2012 under Estate Planning, Louisiana

Answers:

David Greene / Greene Law Firm, P.A.

Answered 9 years ago | Contributor

In South Carolina, if there is no will, the deceased is said to have died intestate.  This means that his spouse will inherit one-half of his estate and all of his children (no matter whether by 1st, 2d or other marriage or outside of marriage) will share the other half of his estate.  Thuis you are entitled to up to one half of his estate, depending on whether or not you have siblings.  If he and his wife held assets jointly, you would still share in his one-half of those assets (except for jopint and survivor bank accounts or other assets.)

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 that is called "intestate" and then the intestacy laws in the state would decide how his estate is distributed.  Here is the thing: if his assets were jointly held with your step mother then they would have passed to her automatically upon his death.  Any of his estate that was not jointly held you would get a part of.  You need to find out how assets were held.  If she files a probate proceeding it is a public record.  You can look at the file.  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