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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26599
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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hi my story is like this my father recently passed away and

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hi my story is like this my father recently passed away and now there is problem between me and my siblings so it all starts like this. in my fathers first marriage he had 7 kids he left his country in search of the american dream and married a person in the USA second marriage, in this marriage he acquired all he had in his life along side his wife. in this marraige he had no kids. the wife in this marrage was a grenous women that brought his to america and provided them with a head start in america. years later this wife passed away leaving my father alone. my father around that time wanted a child to leave all he had to (by this time all these other sibling have families already).my father then met a his third wife my mother and gave birth to me. my father raised me in another state away from my mother but i still loved him (i was always with him). in this state my father had his home and belongings inside such as painting, furniture jewlery ect. i lived with him till the age of 18 when he got sick with congestive heart failure and was taken to the hospital and he got weak and developed a little dementia. after the hospital my father was taken to a rehab and there my siblings come around on what to do next with my father but take not they never came and visited alot and now come with talk abound taking him a home near them. my father knew was was going on in a way and asked me to find a way to go against there wishes. so i did my research and found out about durable power of attorney. i took my father to his physican and the notary was there and he gave me power of attorney. but also take not i never used the power of attorney for anything but i only had it for emergency situations. but two days before i got it the brother was going to make my father give him power of attorney but it was a weekend so he had to got back to his home. with that being said my father was discard from the home because of the only condition that he would be under 24 hr watch or someone with him. i had a job and when i went to work i took him to my uncle. but bills were piling up so i took the disision without talking to them to take my father to the state with my mother who he regretfully divorced because of family influence early in the years i was 12. but she still loved him. we sold the house but my father signed for this own things. they sent check and we deposited it there joint account they had. we took care of my father, i stayed home every day even while mom was at work and we both took, care of him. but he died in 5 months at age 93 (natural death). when we came to the new state we came with his furniture and his paintings ect. now that he died they want wat my father made clear in life was for me but was to prideful in what he said in life would be done to put it on paper.what do i do they want to take me to court or take parts of the stuff.im am 18 they are all 57-68 what do i do.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

If your father didn't have a written will, then the laws of intestate succession would govern the division of his property in his estate, being what he owned at the time of his death.

Since he was not married at the time of death, his estate would be divided equally between his 8 children - each receiving 1/8.

However, if he had a will, then it would govern how his property and assets would be divided.
Customer: replied 1 year ago.
as to his bank account i was i beneficiary and and in his work union and he was joint account with my mom in the other plus at time of death his property was in my moms apartment. does that play a role
Expert:  Roger replied 1 year ago.
No.

Any accounts that were jointly owned with rights of survivorship or payable upon death or with a named beneficiary would NOT be part of his estate. The money/assets in these types of accounts transfer immediately to the other person upon death. Thus, anything in these type of accounts would not be included in his estate or subject to division between the heirs.
Customer: replied 1 year ago.
but as to his property in my moms home ? because i am scared of being taken to court
Expert:  Roger replied 1 year ago.
Yes, any personal property he had at the time of death would be part of his estate and divisible. This could be furniture, paintings, cash, vehicles, etc. ANYTHING he owned at the time of his death that was not held jointly with a survivor is part of his estate.
Customer: replied 1 year ago.
so the things in the apartment(aprtment not in his name just my moms name at time of death) that was his is still his estate
Expert:  Roger replied 1 year ago.
That's right. Any property that he owned at the time of his death would be a part of his estate.

The only exception would be money/assets held in survivorship accounts/payable upon death accounts as discussed above.
Customer: replied 1 year ago.
last question i have some of his property in a storage under my name
Expert:  Roger replied 1 year ago.
Even if the storage unit is in your name, the property still belongs to his estate IF he owned it at the time of death. IF he gave these things to you before he died, then you can claim that and claim that the property in that unit isn't subject to being divided.

If your siblings object to that, then the matter may have to be decided by a judge.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26599
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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