If my father just passed and was married at the time of his death, is his wife entitled to everything or do we have rights?

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If my father just passed and was married at the time of his death, is his wife entitled to everything or do we have rights?

He’s got businesses in 2 different state, along with property in both. I have 2 sisters and my self.

Asked on September 4, 2014 under Estate Planning, Montana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Sorry to hear about your father.

If your father left a Will, the Will is controlling as to inheritance.

If your father did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, the surviving spouse inherits your father's entire estate.

If there had not been a surviving spouse, then you and your two sisters would have each inherited 1/3 of your father's estate.


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