If my father died and my stepmother got the house and everything else, are my brother and I entitled to anything since our dad died first?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my father died and my stepmother got the house and everything else, are my brother and I entitled to anything since our dad died first?
They bought a house in both of their names and it still has a mortgage. After he died 3 years ago, she got everything. My stepmom died 5 months ago and now her kids have everything and are head of the estate.
Asked on April 29, 2015 under Estate Planning, Indiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Sorry to hear about your dad and stepmother.
If your dad left a Will, the provisions of the Will are controlling and your stepmother inherited his estate pursuant to the Will. If your dad did not leave a Will, the rules of intestate succession determine inheritance. Intestate means dying without a Will. Under intestate succession, your stepmother as the surviving spouse inherited your dad's entire estate. The fact that your dad died first does not alter inheritance in this matter.
If your stepmother left a Will, the provisions of the Will are controlling.
If your stepmother did not leave a Will, the rules of intestate succession determine inheritance. Under intestate succession, you, your brother, and your stepmother's children all inherit equal shares of her estate. For example, if your stepmother had two children, you, your brother, and those two children each inherit 1/4 of the estate.
If your stepmother had a deceased child who had children (your stepmother's grandchildren), those grandchildren inherit the share their deceased parent would have inherited had the deceased parent survived.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.