No living will, No will at all

[coach03]

my father past away the begining of the year and my step mother has excluded my brother and myself from his belongings. what is the law on this if no will is present at time of death.

 

[Michael Wechsler]

Originally posted by coach03:
my father past away the begining of the year and my step mother has excluded my brother and myself from his belongings. what is the law on this if no will is present at time of death.

The law depends upon the state that we are talking about. In this instance your father died without a will (the term is "intestate") and the law defines a general division of property amongst the wife and children. In some states the wife and children each get half, in others it can be 1/3 for the wife and the rest equally divided between the children, etc.

 

[lwpat]

You need to pay a visit to the probate court and see if your step mother has started probate. If not then you can start probate and request that you be named executor of the estate.

You have given no indication of the size of the estate. The clerk can provide you with the law regarding probate in your state but cannot give legal advice, same as this forum.