What are my rights to some assets in my father’s estate?

UPDATED: Dec 4, 2013

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What are my rights to some assets in my father’s estate?

My father passed away about a month ago. I have been waiting to ask my stepmother about his gun collection, which includes guns from my grandfather and great grandfather. She has informed that she will be selling the guns and that I have no say in what happens to them. Please let me know what recourse I have, if any.

Asked on December 4, 2013 under Estate Planning, Pennsylvania


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

Answered 9 years ago | Contributor

I am so sorry for your loss.  A lot of this guidance will hinge on if your Father had a Will or not.  If he had a Will and left everything to his wife and properly disinherited you under the laws of his state then you probably have no recourse.  However, if he died with out a Will - "intestate" - then you would inherit under the law that poriton of his estate that is not considered jointly held with his wife.  And if these are family heirlooms that were his prior to his marriage you have a shot (excuse the pun) at challenging the sale.  Please go and speak with ana ttorey in your area about fling a claim against the estate.  Good luck.

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