What are my rights if my father passed away last month leaving a surviving spouse, my stepmother?

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What are my rights if my father passed away last month leaving a surviving spouse, my stepmother?

He remarried 13 years ago; he had hunting rifles that were his before his marriage. My brother and I would like the rifles. His wife is claiming that everything is hers. Do we have any rights?

Asked on April 3, 2013 under Estate Planning, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It appears that there ws no Will;at least that is my assumption since you did not mention one. In such a case (i.e. one in which someone dies without a Will), the deceased is said to have died "intestste". Accordingly the intestacy or "succession" laws of the state in which he was a resident at the time of his death will control. Typically, these laws orovide that 1/2-1/3 of than estate goes to the surviving spouse, if any, and the other 1/2-2/3 to be evenly split among the deceased's children. However, these laws vary from state-to-state.

At this point, you should consult with a probate attorney in the area.


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