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 9 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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