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Nate
Nate, Attorney
Category: Estate Law
Satisfied Customers: 10686
Experience:  Over 10 years of legal estate experience.
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WHAT LEGAL RIGHTS DOES AN IMMEDIATE DECENDENT OF A PARENT WHEN

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WHAT LEGAL RIGHTS DOES AN IMMEDIATE DECENDENT OF A PARENT WHEN THERE IS NO WILL OF ANY KIND
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

When there is no will, the rules of "intestate succession" apply. The first in line is typically the spouse. If there is no spouse, the children would share equally in the estate. In order to distribute the estate, one of the heirs would need to open the estate with the surrogate court and request to be appointed administrator of the estate. From there, the assets are to be divided equally among the surviving children.

In many cases, the surrogate court itself will have forms for an administration of an intestate state. Check with them first before using a lawyer.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate


Customer: replied 4 years ago.

I AM HIS ONLY CHILD AND HE WAS REMARRIED AS HIS BLOOD CHILD I HAVE NO LEGAL STANDING FOR ANYTHING

If he remarried, the rules are different.

As the surviving spouse is your step parent, she would receive the first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate. The remainder the estate would pass to you.
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