Estate issue

[jhimel]

My dad passed away in July, and had no will. His wife, of one year, got everything. He really didn't have anything worth alot, just things that were memories for my brother and I, and mean nothing to her. The only property he had is the house we grew up in, and 20 acres that is part of some property that has been handed down in our family for generations. He was also a musician, and she has continued to sell his CD's for income. Is there anything that we, his children, can do to salvage some part of our history?

 

[dee_dub]

Have you tried talking to her? I presume she will not want to part with the property, or with the music which is her source of income. If the other possessions mean nothing to her, she might graciously allow you to have them.

 

[lwpat]

His wife does not get everything if there was no will. You need to immediately go down to the probate court and see if anything has been filed. My guess is that nothing has. Take an original of the death certificate and your birth certificate and open probate asking to be named the personal representative. The clerk will explain the process but cannot give you any legal advice. The most the wife gets is half so she is blowing smoke up your you know where. You have a right to a portion of his estate, regardless of how gracious she may or may not be.

 

[llee]

I am in a similar situation, how do I get a copy of the death certificate?

 

[lwpat]

From the local health department.

 

[jhimel]

Thank you so much for your response. She, however, has already appointed herself as representative of his estate. Can I fight that? This happened in Montana, and I live in Texas so I am trying to do what I can from here. I have tried to talk to her about letting us have our father's things. She said that I was trying to take her kid's inheritance.

 

[dee_dub]

You can challenge her appointment, but you're unlikely to succeed. What you CAN do is challenge her distribution. She has to distribute the estate in accordance with the law.

lwpat is right - depending on the size of the estate, she's not entitled to everything. Under Montana law, she gets the first $100,000, and 1/2 of the rest. Your brother and you get the other 1/2 of the rest.

Her kids aren't entitled to anything - so you're not "taking their inheritance".

 

[mustang54]

what is New Jersey's law on second marriages with children from first. my father remarried a woman with 2 children. Are they entitled to anything when he dies? She says it is all hers because there is no will. Also, the house is in both names. What happens in that case?

 

[dee_dub]

I am not an expert on the laws of either of these jurisdictions. Usually, a surviving spouse is entitled to some set amount - say, the first $50,000 - plus a percentage of whatever remains. The surviving children, but not step-children, are entitled to the other share of whatever remains. If you want to know exactly, consult a local estates lawyer.

Joint property passes directly to the other owner. It does not form part of the estate, and is not divided up.

You should keep to your own threads. Cross-posting questions will get confusing.

 

[jhimel]

Thank you for your response. However, he didn't have anything worth 100,000 dollars, so I really don't think there is anything I can do.