What to do if my mother passed away 2 months ago without a Will and my father refuses to give any of her property to us kids?

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What to do if my mother passed away 2 months ago without a Will and my father refuses to give any of her property to us kids?

He moved a woman into the house 2 weeks after my mother passed and said that all my mothers jewelry and stuff is his to do with how he feels fit. I looked into state law and he is right, except before I was born, my dad walked out on the family and my mom remarried and had me. My natural father left and a few years later my dad came back into the picture. I was never adopted by my dad and the law says I get 1/2 the estate. is this true? Would that mean 1/2 of everything that was in their names?

Asked on July 17, 2012 under Estate Planning, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your mother died without a Will or trust in place then under your state's laws on intestate succession (when a person passes without a Will or trust in place), you may be entitled to a portion of her estate as one of her surviving heirs. In order to see what rights you may have as to your mother's estate, you should consult with a Wills and trust attorney to discuss your state's laws on intestate succession.


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