Who owns all of my father's property?

Question

My father passed away on August 13th. He had a massive heart attack and had very little brain activity,severe brain damage, and no possiblity to recover. He was married to my mother for 17 yrs but for the last 8 he worked out of state. He had a girlfriend whom he shared a joint checking account. I know that's probably a lost cause but he owns vehicles and personal items that she refuses to return. What are my Mother's legal rights? We can not afford an attorney and have been without and income since the week before he passed.

My mother was still married to Father when he passed. We live in Va. He lived in Co. Any pro bono lawyers out there?

Answer 1

my condolences on the death of your father.


a Probate case for your father needs to be opened in the state or country he lived in. If he has no Will, the court there will appoint an Executor and handle the Estate.

This person is responsible for collecting his assets [cars, etc.] and seeing to it that the terms of his Will are followed.

If there is no Will, the laws of that place will determine who receives what from the Estate. In most jurisdictions, the wife [even if she doesn't live in the are] would receive a major portion of the whole thing.


What you need to do is

a) look in your area for a Will
b) file same, if you find it, with the proper court in the area where he lived
c) see to it that the Probate process is begun in that court.



GL

Answer 2

The joint checking account most likely went to the girlfriend legally. Usually the right of survivorship is in the paperwork when you open the account unless you specifically ask that it be left out. As for the other property, provided it was solely in his name and there was no will, it would go to your mother. Even if he had a will where he left everything to her, your mother still can elect to take against the will in most states. You will need a lawyer to help you out here. Try legal services in your area. If that does not work, call your local bar association (should be in your phone book under X county bar association) and ask for a "pro bono referral." Someone will help you.

Good luck.

Answer 3

Go over and smack that ***** and take it back. Why put up with a thief? Report the items stolen to the police. She has no proof that he passed those things on to her. Especially the vehicles. Once she is in prison then take the rest of the booty. Since your dad never got a divorce, not even common law marriage would apply.

I remember hearing about one gas station worker that never changed his beneficiary when he had gotten hired 5 years previous. At the time he put his fiancee as the recipient. It didn't work out with her and she married someone else but he never changed it. One day she got a $500,000 check from the corporation when the dude was shot in a robbery. Life sucks, but if she cared enough she would have made him change it.

Let me know how it works out. Report that **** stolen!

Answer 4

If he was still married, the benefits go to the wife way way before it would go to a girlfriend. In fact there isn't much to stand on for the girlfriend. Don't know what any will is or your state laws, but I do know girlfriends don't have legal access to assets. If the vehicles are in her name too, your mother should be due half of the value. If it's just in his name, then again the girlfriend has no rights here.

Answer 5

You can't afford not to have an attorney, you mother is entitled to everything but the half the joint account he had with his girlfriend. Have her arrested for theft if she refuses to return the items, as long as your father was the one who owned them, according to registration for the cars. Unless the items are valuable, let her keep the underwear.

Answer 6

It should be your mom, that is if they were never divorced. Even if you father was living with the girlfriend out of state that union is void because of the marriage with your mom. I advise you to get a lawyer and SUE

Answer 7

Write it off or be prepared to make some lawyer richer - you have the rights but she has possession in another state - lot's of legal expenses involved with recovering those assets.

Answer 8

most states a person not having a will, there property passes to the legal spouse, however you will still have wait until death occurs and the estate is sent to probate court / judge.

Answer 9

well if your mom and dad r still married she can contact the local law enforcement to have car repo-ed since its technically her car unless the girlfriends name is on the title then it would be the gf's same goes for other items but if your parents r divorced then its all of your stuff if your the oldest offspring

Answer 10

if your mother and father are still married when he died she should get something unless he made a will.