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TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 12206
Experience:  JD, MBA
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Dad passed away would like to know what we are entitled to

Customer Question

dad passed away would like to know what we are entitled to because our step-mother is giving my brother and I misinformation regarding va benefits, state hazardous duty retirement and personal property. How do we go about getting information about obtaining our inheritance? She states there isn't a will and public record is not revealing one however she has informed me that there was a will that needed updating.
Submitted: 1 year ago.
Category: Estate Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

First and foremost, the will (if there is one) controls what you will receive from your father's estate. Even if the will was old and needed updating, it will control. So if there is a will, hopefully it is found and filed with the probate court.

If there is no will, then Kentucky law mandates that your step-mother would inherit 50% of your father's estate, and you and your brother would inherit the other 50% (i.e., you and your brother would each receive 25%). The estate is made up of all property that your father owned when he passed, which, unfortunately, means that it is unlikely that you'd be entitled to VA benefits or hazardous duty retirement. It's possible that your step-mother would be entitled those benefits as your father's widow. In any event, since those are outside the estate, they have nothing to do with the probate code or the will, and would come directly from the VA or state. Accordingly, you can inquire with the VA and state about the possibility of receiving such benefits (though I doubt it).

The important thing at this point is that somebody opens a probate estate. If that hasn't been done, then you should visit the local probate court with a certified copy of the death certificate, and ask the court clerk to open an estate.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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