If my father passed away without a Will, who is entitled to share in his estate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my father passed away without a Will, who is entitled to share in his estate?

He left behind processions but my sister has taken them and claimed them as hers. As his son, am I legally entitled to claim any part of his estate?

Asked on January 21, 2016 under Estate Planning, Mississippi

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When someone dies without a Will, they die "intestate". This means that the "intestacy" or "succession" laws of the state in which the deceased was domiciled as of the date of their death will control. Typically, such an estate is divided 1/2-1/3 to the survivng spouse and the remainder to be split equally among th children of the deceased. If there is no spouse, then the children are each to receive an equal share of the assets (after creditors are paid, etc.).
At this point, a probate needs to be opened and a personal representative appointed by the court. If the estate is not too large, possibly a small estate admnistration can be done. In any event, your sister cannot legally lay claim to more than her share. For furthern information you can contact the county probate court or you can consult directly with a probate attorney.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption