If my father recently passed away with no Will, does my stepmother get everything or are my brother and I entitled to anything?
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If my father recently passed away with no Will, does my stepmother get everything or are my brother and I entitled to anything?
Some accounts have both their names.
Asked on June 29, 2012 under Estate Planning, Indiana
Answers:
Roman Aminov / Law Offices of Roman Aminov
Answered 11 years ago | Contributor
You would have to look at how the assets are held, but generally, joint accounts and property in joint ownership passes to the other joint account holder/owner (unless you can show that the joint account was for convenience purposes only). Any other assets get distributed according to intestacy laws in your state. In NY, without a will, the spouse gets $50,000 and half of the remainder. The rest is split evenly amongst the children.
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