What rights do I have as the daughter of the person that passed away?

UPDATED: Jan 6, 2013

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What rights do I have as the daughter of the person that passed away?

There is no Will after a person has passed away and one side of he family has taken everything and not willing to include me.

Asked on January 6, 2013 under Estate Planning, Ohio


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

You right to inherit from your parent depends on some circumstances. Did you parent have a spouse?  If so, the spouse is entitled to something.  Is the spouse also your parent?  If so, the spouse is entitled to everything.  If the spouse is not your parent, you are still entitled to a portion of the estate and the spouse is entitled to a portion.  If your parent had no spouse, then his or her children are entitled to inherit everything, split between them.

If you are entitled to some portion of the estate, you will have to take legal action to make the other side of the family share with you.  Whether it is economically worth it to open an estate and force the others to share depends on how much there is to share.  Only you can weigh these factors and decide.

So often, in situations like yours, some family members gather all the personal property and refuse to share with other family members.  This is very hurtful, but not economically feasible to take expensive legal action.  Unfortunately, there is little that can be done outside of pursuing the matter in Probate Court.  

I hope this answer helped.

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