Do I have a claim to my father’s estate?
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Do I have a claim to my father’s estate?
He was married to my stepmom for 20 years and she is the sole beneficiary of my father’s estate.
Asked on March 17, 2012 under Estate Planning, Oregon
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your father left a Will, the Will is controlling and will determine inheritance.
If your father died without a Will, the rules of intestate succession determine inheritance. Intestate means dying without a Will. Under the rules of intestate succession, the surviving spouse inherits your father's entire estate. Therefore, your stepmother would inherit your father's entire estate. If there wasn't any surviving spouse, you would inherit the entire estate. If you have surviving siblings and there wasn't any surviving spouse, the estate would be divided equally between you and your brothers and sisters. If a sibling died, but had surviving children, those children would inherit that sibling's share of the estate.
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