What to do if my father passed away and now my stepmother has taken everything that was his?

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What to do if my father passed away and now my stepmother has taken everything that was his?

Our father passed away very suddenly 4 months ago. His wife said he had no will. I learned her name was on my dads home, and I think his vehicles too. My sister and I need to know If there is anything we can do, the stepmom is now letting “her” daughter drive my father’s car, and they are spending every dime he had. My sister and I were given his clothes, and told that was all we could have. What do we do? Is there any help for us to at least get his car from her?

Asked on August 8, 2012 under Estate Planning, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation. If your Dad and his wife held all the assets they had jointly then they passed to her automatically at the time of his death.  You would, under the intestacy statute in your state - be entitled to any part of his estate that was his alone.  You can file for a probate for his estate and then make inquiry as the Persoanl Representative.  Good luck.


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