What is the statute of limitations on getting my part of my fathers estate.My stepmother hid "No will exists"

Question

I recently found out that my father died without a will. My stepmother hid that information. Said he was broke. I found out that he was worth $200,000. Since there was no will, aren't I entitled to a childs part? My stepmother despised my sister and I. Is it to late to take her to court he died in 1996.

Answer 1

Carol-this is one of questions where it would be helpful to know what state you live in. In my state, and probably most others, the statute of limitations does not begin to run on fraud until the fraud is discovered. Therefore, the issue is when you discovered this, not when your father died. This makes a lot of sense logically and generally, contrary to popular belief, the law is logical. How could you have sued your step-mother before you knew she committed fraud? I'll watch this question in case you want to post the name of your state. Alternatively, consult a local attorney. The answer to your question should be one that can be answered by phone. You could also call your state bar office. In my state, the staff attorneys at the state bar do give brief, free legal advice by phone. If your state bar does not, ask if they can refer you to a lawyer in your area. My state bar also has a lawyer referral program and the first 1/2 hour consultation is free. I'm guessing you're well within the statute of limitations if you just discovered this, but it really is a local law question.

Answer 2

First, go to this site to see if you are entitled to anything pursuant to your state's intestate succession laws, as they vary wildly among different jurisdictions. The state where your father resided when he died is the pertinent state.

http://www.finance.cch.com/text/c50s10d190.asp

If you are entitled to a part of his estate, then you really need to see a probate attorney. You will likely need to sue your stepmother. Hopefully she hasn't squandered all the money.

Answer 3

Depending on where you live - you may not have any rights at all.
Some states say everything goes to the surviving spouse and some say 50% goes to the surving spouse and the remaingin 50% is divided among ther children.


You might try googling :dieing intestate in your state

Answer 4

It depends on the laws of his state. "While it seems safe to assume that the spouse will inherit the entire estate if the decedent dies without a will, this is not necessarily the case. It is true that spouses usually inherit the greatest portion of the decedent's estate; however, intestacy laws almost always divide the estate between the decedent's spouse, children, and sometimes even the decedent's parents."

Answer 5

Since he passed away intestate (without a will) his estate would be subject to probate. Since his wife (your stepmother) was married to him at the time of his demise she probably had her name on everything as "joint owner with rights of survivorship". Meaning everything held in this manner would automatically pass to her.
If your father had a favorite attorney that he worked with in the past, this attorney would have records of anything drawn up regarding his wishes.
It could even be a possibility that this money belonged to your natural mother and father at the same time, therefore possibly entitling you to some share of the estate.
Check with his attorney, past tax records, and he maybe even had a trust drawn up at one time unbeknownst to you.
Good luck to you.
take care of that wicked stemother

Answer 6

It depends on your local laws. Talk to a lawyer and see if the laws in your state give any rights to the children. Also, because she hid the fact there was an estate might be grounds to challenge her.

Answer 7

the surviving spouse is entitled to the whole thing, sorry. We all should have wills!