What will happen if my father passed away about a year ago and he was married to his second wife but they had no children together and I am his only living child?

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What will happen if my father passed away about a year ago and he was married to his second wife but they had no children together and I am his only living child?

When my father passed he and his wife were in bankruptcy. I know my father had 2 life insurance policies I have no idea if I am entitled to anything she never included me in anything so I am not even sure if my father had a will. She also has refused to give me a few of my dads personal items that I would like to have like his birth certificate, license, and ss card. She also let their home forclose and put a pad lock on it and refused to let me in.

Asked on October 1, 2012 under Estate Planning, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless there is some Will or trust naming you as an heir to your father's estate then you do not stand to inherit anything unless there is some intestacy proceeding (no Will or trust) and your deceased father's estate is being resolved via such a proceeding filed in the probate court.

I suggest that you go down to the county court house in the county where your father passed and pull up the list of probate matters to see if there is a probate or intestacy proceeding pending as to him. From there you can look at any filing pertaining to your father.

Unless you know who the insurance carrier was or insurance broker as to the life insurance policies that you father had, you seemingly will have a hard time getting the information as to these since your step-mother refuses you access to your father's former home.


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