If my father passed 8 years ago when I was 16, was I entitled to anything?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my father passed 8 years ago when I was 16, was I entitled to anything?
I was 16 at the time. No will was left. My stepmother got everything. Is there anything I can do about it now?
Asked on May 4, 2015 under Estate Planning, Wisconsin
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Sorry to hear about your father.
If he had left a Will, the Will would have been controlling as to your inheritance.
Since your father died intestate (without a Will), the rules of intestate succession determine inheritance. Under intestate succession, the surviving spouse inherits the entire estate which is why your stepmother inherited everything from your father's estate.
If there had not been a surviving spouse, your father's estate would have been divided equally among his children. Nothing can be done to change this situation.
When your stepmother passes, then you, your brothers, sisters, stepbrothers, stepsisters will inherit equal shares of her estate if she dies intestate (without a Will) and has not remarried. If she leaves a Will, the provisions of the Will are controlling and determine inheritance.
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.