What can I do if my father passed away and my stepmother says that he left me nothing?

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What can I do if my father passed away and my stepmother says that he left me nothing?

I am his only child, although we had spoken only once since his marriage to a Japanese mail order bride 11 years ago. I was not informed of any illness or his death. I understand he had revokable trust.She now has posession of my grandparents ashes as well. I wrote to his estate attorney and he gave the letter to her. She wrote back saying she is keeping his ashes as well as theirs (even though she never knew them. She sent a watch/ring and a few pics and told me to cherish them.Told me he left nothing for me or my sons and did not list me in his Will. She has all family heirlooms and pics/memorabilia and was only with him 10 years, I was his only child for 50.

Asked on December 29, 2013 under Estate Planning, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you think that she is lying--that either you were listed in and given things in the will; or that there was no will, and therefore you'd inherit via intestate succession--your only recourse is to bring a legal action (i.e. a lawsuit) and seek to determine the truth in the course of litigation, such as through the mechanisms of discovery (depositions; written interrogatories; notices to produce documents; etc.). You should speak with a trusts and estates attorney about your options.


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