My dad died in an accident last week at an early age. He left no will. My step-mom (whom I don't particularlly like) is acting like he has left her penniless. I know for sure he has a retirement and has two houses. On e of the is only a couple of payments from being paid off. Anyway, my question is... do I have any legal rights to any part of his estate? The houses were in his name only if that make a difference.
2007-09-16 14:35:12 · 2 answers · asked by momof3 2 in Politics & Government ➔ Law & Ethics
Yes, each state has laws governing what each person gets should one die without a will. If you tell me your state, I can tell you what those laws are.
The spouse's share ranges typically from 1/3 to 1/2. Your step mom may have her own interest in the house/s, which may entitle her to more than her estate share (1/2 + 1/2 of 1/2 or 3/4 all together or maybe less).
There is a lot depending on this besides what state you are in. How long the two were married is also a factor.
You can obtain a copy of your father's death certificate and start an action in probate court yourself. Look up on the internet the addresses of your local probate courts. You are an interested party. You would have to give notice to your step-mom but at the same time a fair division of property would be ensured by your participation.
You could hire an attorney to help you, but plenty of folks do this on their own
2007-09-16 14:45:08 · answer #1 · answered by Discipulo legis, quis cogitat? 6 · 1⤊ 0⤋
If there is no will, your father is said to have died intestate. You should consult a lawyer to determine your legal rights. You probably have more than a step mother would have, but you will need a lawyer in your state that knows all the rules of law in that state that apply.
2007-09-16 14:43:17 · answer #2 · answered by fangtaiyang 7 · 1⤊ 0⤋