If my father passed away without a Will and I am his only child, do I have any rights to his estate?
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If my father passed away without a Will and I am his only child, do I have any rights to his estate?
His wife has kept everything of his.
Asked on January 5, 2012 under Estate Planning, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, you do have rights to your deceased father's estate. The fact is that when someone dies without a Will they are said to have died "intestate". Accordingly the intestacy laws of the state in which they were domiciled as of the date of their death will control. Under the "succession" (intestacy) laws of most states, an estate is distributed 1/2-1/3 to the surviving spouse and 1/2-2/3 to the children of the deceased (this varies from state-to-state).
However, not all of a deceased's assets pass through their estate and are subject to probate. For example, any real property that is held jointly with rights of survivorship automatically go the the other person named on the deed; insurance proceeds and certain bank accounts and 401k's all go to the named beneficiary.
At this point you may want to consult directly with a probate attoreny has to your rights and/or remedies.
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