Family Law Questions? Ask a Family Lawyer Online.
Dear etherdgeja - This depends on whether there was a will and also how any real estate or bank accounts may have been titled. If someone dies without a will then the property is distributed according to the laws of intestate succession and the children and the spouse each get a portion of the assets.
I'm not sure what you mean by not being adopted or by whom. If this was not your natural father and you were not adopted by him then you would not have any right to inherit under the intestate succession laws but you could inherit through a will.
You need to determine if there was a will and also how any real estate was titled. I cannot provide a specific answer since I don't know the details of the estate of your father.
The house will depend on how the deed is written, not the mortgage. If it was a joint deed with right to survivorship then the widow will get the property. As for the other assets, if there was no will, then those will pass to both the surviving spouse and the children according to the intestate succession laws. Someone will have to open an estate and apply to be the administrator.
I would highly recommend obtaining the services of a local attorney in order to protect your rights. We are unable to actually represent clients from this website as it is for general information purposes only.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).