If my father passed 8 years ago when I was 16, was I entitled to anything?

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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 6 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.


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