What to do if my unmarried father passed away without a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my unmarried father passed away without a Will?
He had no debt. Wouldn’t my sister and I legally be the ones to get his personal belongings. My aunt and grandfather took everything to their house.
Asked on October 21, 2013 under Estate Planning, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Sorry to hear about your father.
Since he did not leave a Will, the rules of intestate succession determine inheritance. Intestate means dying without a Will.
Under the rules of intestate succession, since there wasn't any surviving spouse, your father's estate would be divided equally among the surviving children. If there are any deceased children (your siblings), who had children (your father's grandchildren), they would receive the share their deceased parent would have received had their parent survived. If you and your sister are the only children, your father's entire estate will be divided equally between you. Your aunt and grandfather have no claim to your father's estate.
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.