What is a son’s rights to his father’s estate?

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What is a son’s rights to his father’s estate?

My son is 13 years old. His father recently passed away and left everything to his girlfriend of about 10 years. The girlfriend is currently married and living with her husband. The deceased and I were never married. However, my son would spend summers, and most all holidays with his father. No one will tell us anything about the attorney that has the Will. The deseased father did not have a funeral, so my son was just told that his dad passed and that he would not being going back ever to his dads house. My son had his own room there and is upset that he can’t even get his belongings. What can I do to obtain a copy of the Will on my son’s behalf. Is there anything I can do?

Asked on November 5, 2012 under Estate Planning, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming there is a Will of your son's father, you can get a copy of it in the county court house where it is presumably being probated. If the Will specifically mentions your son in it and there is no provision of a gift to him, then he receives nothing under the law. If he is not mentioned at all in the Will, then he has a chance to make a claim to the estate as an omitted heir. I suggest that you consult with a Wills and trust attorney further about the matter.


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