Father passed away with no will, who gets what?

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Old Jun 26th, 2009, 05:38 PM   #1
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Confused Father passed away with no will, who gets what?

My father passed away 3 years ago. He was divorced from my mother, and had been re-married for many years. He passed away with no will, not much money in any bank account, or life insurance. He did however own his house and some land which it sat on. When he died my step mother tried to get myself and my brother to sign papers (which we never did bc we were un sure of what they were) At the time of his death i didnt want to focus on money and fight over it.

My question now is this: Do my brother and I have a legal right to any value of the house/land, or does my step mother get it all. It would seem lke each would get 1/3rd of the value. It has been 3 years now, and im not sure how time affects matters like this.


Any advice would be helpful.

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Old Jun 27th, 2009, 02:03 PM   #2
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Default Re: Father passed away with no will, who gets what?

The kids may eligible for half of the value of the estate. You should have a lawyer review the facts and details briefly and advise if you may claim your share.
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Old Jul 30th, 2009, 01:53 PM   #3
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Default Re: Father passed away with no will, who gets what?

Three years is a long time to allow this to go on without action.

If your stepmother's name was on the property as a Joint Tenant with right to survivorship, the house became hers solely upon his death. This means Probate Court is not an option and you and your siblings cannot go after the house.

If the house was solely in his name, you can go to Probate Court and possibly lay claim to the property.
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