When my dad died 2 years ago my aunt said "You girls are entitled to 1/3 but we need the money." Being in such a fog we never looked into this. I'm 37 and married. My dad didn't have much of anything just SS and Disability. But he did own a few vehicles. My sister and I don't want money for that purpose we just want what our dad would want, to get what he'd want us to have. No, there was no WILL except something he wrote on paper several years ago stating his grand-daugther was to get everything and it was to be managed by myself until she was 18. Can I do anything with that? I live in a different state than he did and is buried in. Any help, information or advice is greatly appreciated, thanks. Now that my head is out of a fog I can better handle this.
2007-03-13 06:43:22 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
He died intestate--without a Will. Under the laws of interstate succession, his closest heirs inherit everything. Under the rules of consanguinity, his spouse is the closest heir. If your father died unmarried, you and your sisters are entitled to all his assets as his closest heirs. You are closer relatives than his siblings, like your aunt. Where you live is not important. Acting quickly is important. My state has a 3 year statute of limitations on probate matters. If no probate was done, you can open a probate now and receive his assets. You can make your aunt give back any assets she took.
2007-03-13 06:54:48 · answer #1 · answered by David M 7 · 2⤊ 0⤋
One thing before you go to the trouble and expense of hiring an attorney is to try to figure out what assets your Dad may have had and are they worth pursuing...not sure what "benefits" you think are out there...if he was on Social Security and Disability, there would be no benefits issued after he died unless your sister is under the age of 18, or 22 if she is still in college.
If he had a pension (and many have no provisions for anyone other than the spouse, and will cut that to 50% after the pensioner dies) from where he had worked in the past or 401K, both would have beneficiaries listed and the beneficiary would be entitled to them. You could find that information likely by just calling or writing where he used to work, explain that you are his daughter and believe he may have had benefits to which you and your sister may have been listed as the beneficiary. Any life insurance policy would have also had a beneficiary listed.
What vehicles did he have? Find out what the blue book value for them is/would have been at the following:
http://www.kbb.com/kbb/UsedCars/default.aspx
Was there any real estate in his name? If so, find out the approximate value. A local realtor might to a market analysis for free if they think you will list the property with them to sell if you get possession.
As for the will on a piece of paper, laws vary from state to state as to what is acceptable and consitutes an actual Will. If it was notorized a better possility, if witnessed by a third party that has no steak in this matter, maybe...if neither likely very slim that it would be enforceable if contested. Still, you and your sister would have priority over your aunts, unless your Dad remarried and has a living wife, then she would be entitled to all assets.
If there are sufficient assets to pursue, contact the local bar in the state where your Dad lived and contact estate/probate lawyers and try to find one that is willing to handle the case on a contingency fee basis (usually between 33%-40% of the assets that they are able to obtain on your behalf...if they do not feel there is a sufficient amount for them to pursue, they will tell you and will not take the case).
2007-03-13 07:46:19 · answer #2 · answered by bottleblondemama 7 · 0⤊ 0⤋
I would second the nomination for an estates attorney.
In some jurisdictions, you can write you own will on a piece of paper if it is signed and dated. So, you may be able to do something with that paper (depending on where your dad lived).
If the paper is inoperative, then you should review the intestacy scheme for your jurisdiction. This would be in something like a probate code. Also, you should check with SS Administration to see if you are entitled to death benefits.
2007-03-13 06:57:26 · answer #3 · answered by EthanHunt 3 · 0⤊ 0⤋
I recommend contacting an attorney specializing in estates for the state in which your father resided in at the time of his death.
You state that there was no will, just a piece of paper with his wishes. Depending on the state, that paper could be considered a holographic will and would have legal effect if the state recognizes it.
Otherwise, if the courts find your father died intestate, you and your sister would be entitled to share in whatever is left of his estate. Your aunt really has no claim under intestacy since your father had surviving issue (you and your sister).
2007-03-13 07:47:54 · answer #4 · answered by Peter 3 · 0⤊ 1⤋
You should see a lawyer. If he didn't have a will then why did your aunt handle things. She isn't entitiled to anything unless a will says she is. Your father's wife, if he had one, and then his children are entitled to the things he owned.
If you say he didn't really have anything I'd just let it go. No use in causing any turmoil in the family.
2007-03-13 06:56:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The best possible thing you can do is to obtain the services of an estate administration attorney who is licensed to practice law in the state in which your father lived. It sounds like your aunt did something terribly wrong, but it sounds like something you absolutely need an attorney for.
2007-03-13 06:51:22 · answer #6 · answered by Bush Invented the Google 6 · 1⤊ 0⤋
Don't worry GOD will help us.mail me today what is know...
2007-03-13 08:51:53 · answer #7 · answered by Anonymous · 0⤊ 0⤋