What are a child’s rights to their father’s estate?
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What are a child’s rights to their father’s estate?
My father is deceased. I was told by family that he had a Will. My sister and I are his only children. His wife has not said anything to us about the Will.
Asked on January 21, 2011 under Estate Planning, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If there is in fact a Will, it will have to be entered into probate. At that point, any beneficiaries should be notified of their inheritance. If you have not so notified then possibly you weren't left anything. Children can be disinherited; typically they have no right to inherit anything from their parents (although, as a general rule, the Will should contain specific language of disinheritance). You should also be aware that certain assets can be transferred outside of probate. For example, if your father had a small estate, property may have been transferred by affidavit. Additionally, some assets may have been held as "joint tenants with right of survivorship", in which case the other joint tenant would have received your father's share of property operation of law. In addition, funds in an IRA, pension, 401(k), or other retirement plan also by-pass probate and go directly to the named beneficiaries. The same holds true for any life insurance proceeds.
That having been said, once the Will is filed you can still see a copy of the Will whether or not you're a beneficiary; it is a matter pf public record. Simply go to the Probate Court in the county in which your father was domiciled at the time of his death. This is where it would be filed.
Note: If it turns out that your father died without a Will, then he is said to have died "intestate". Accordingly, the laws of the state where he died would control. Typically in such a case, the estate is divided between a surviving spouse, if any, and all of the deceased's children.
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