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LawGirl
LawGirl, Attorney
Category: Estate Law
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my sons father past away. My son is 38 and has a learning

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my son's father past away. My son is 38 and has a learning disability. His step mom will not give him anything. What are his rights? Warren, Michigan
Submitted: 5 years ago.
Category: Estate Law
Expert:  LawGirl replied 5 years ago.

LawGirl :

Thank you for your question. Although I am an attorney, I cannot represent you. However, I will give you the most thorough information I am able; however, I have a couple of questions first. Did your son's father leave anything in his estate? Was there a will?

Customer:

there was no will.

LawGirl and 3 other Estate Law Specialists are ready to help you
Customer: replied 5 years ago.
there was no will
Expert:  LawGirl replied 5 years ago.
If there was no will, then your son very well may have inheritance rights to his father's estate. To the extent there was value to the estate, local state laws may require the estate to be probated. So, it may be worth checking the local probate court to find out whether there is currently an open probate for his estate. Keep in mind that different jurisdictions have limits as to the minimum estate value required for probate to be open. If your son's father only had a few hundred dollars, then chances are the estate will not be probated. However, if it is likely that the estate was worth a few hundred thousand dollars, that is a different story. Please keep in mind that to the extent that the estate is being probated, the administrator of the estate is likely required to give your son notice. However, if you feel that your son's father's wife is not being honest, it may be advisable to contact the local probate court.

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