Legal rights of heirs when there is no will?
108592
Sorry to hear about your loss.  You will probably need a probate attorney or talk with your stepmother on getting the items.  Problem:  He married her and she become the first beneficiary without a will.  Technically, everything will go to her.  If there were no spouse, it would be the kids and so on.  But since there is a spouse, work it out with her or hire an attorney and send everything to probate.  You might still not win unless you have witnesses to back up your side of the story.  Legally, she gets everything.
285628
I think you can get a copy of the will from the courthouse if it is in probate. If it is just a handwritten will and hasn't been notarized or legally written up, then maybe an attorney might help you. You can contest the will.
1010433
keep in mind that all property passes to the surviving spouse when one spouse dies...unless otherwise specified. Even though there was a will...unless it specifically states a division of assets...you might be entitled to nothing. If the two were divorced, it complicates things if the will was not updated. Also, if you are a minor, you have less control than if not a minor.\n\nHowever...the fact that a will was not shown to you IS curious. Do what the first person said. A will becomes public information. Go get a copy! It will just be a few bucks copying charge and then you'll know....
923968
I'm not an attorney which means that I think you should talk to one to find out what your rights really are.\nThe Executor doesn't have ownership of the will, he merely serves as someone who is supposed to disperse the assets of the deceased as directed in the will.  If he is not doing his job properly then I would talk to someone to find out who he should be reported to.  I'm not sure if this is criminal or merely civil malfeasance but, again, you should ask someone who knows.  You may be able to sue the person for full disclosure.
971854
Power of attorney ends at death.  And there is no need for POA since it only says you can sign for someone, and once dead you can't sign for them\n\nOnce deed everything they had to into the estate, so you know start the role of executor and can sign for the estate
567072
After your death, you have no control over who contests, unless you stipulate that anyone contesting your wishes (will) should automatically get nothing (I think you can do that). But as far as I know you could leave a person any amount, even a penny.
231793
I think that you should contact a law office that specializes in Wills, Trusts, and Estates Law and seek a free consultation to see if they may be able to make a case for you or make a referral to what should be the next move. Good Luck...and keep the fire to inquire!
251757
Someone who dies without leaving a will is considered "intestate" \n\nThe major difference between dying testate (with a will) and dying intestate is that an intestate estate is distributed to beneficiaries in accordance with the distribution plan established by state law \n\n(from http://law.freeadvice.com/estate_plannin...\n\nThe executor can't just distribute the estate however they choose. This would have to be court supervised.\n\nEach state has laws regarding "intestate distribution", that is, who gets what and in what order.\n\nDon't know what state you are in, but you can do internet search for "intestate distribution STATE" to see how the estate should be distributed among surviving family members.\n\nIf you suspect there was a problem with the distribution, contact a lawyer, you probably can still contest it.
562310
The military has no say in what a family member chooses to do with possesions.  If the will didn't state explicitly that the eldest son swas to receive the items, then it's a free for all.  This needs to be taken up with the sister.
399818
You need to have a will...without a will, often the state will confiscate everything.  It is better to leave it to someone.
128809
Sorry about your dad.\n\nIf a person dies without a will (intestate) the distribution of the estate is overseen by the probate court.\n\nBy intestate succession, the remaining estate is distributed to the closest surviving relatives. In most states, that would be the surviving spouse, children, parents, and other siblings, in that order.\n\nIf your mom is still alive, she should get the estate. If she is not, then it should be split between children.\n\nYou probably should consult with a lawyer familiar with estate laws.  You can also get a lot of information on the web, search for "intestate" and "probate" specific to the states involved.
896085
1) You need to contact the probate court in the county where grandpa lived, and ask for a copy of the probate file. You'll have to pay for the copies, but you will get a copy of the will and any other documents in the file.\n\n If there is no probate file, you or one of your sisters should file to open probate on his estate.  The judge would then order your aunt to produce the will.  If she fails to produce the will, the estate will be distributed according to the intestate (without a will) laws of the state of Florida.  \n\n2) For the law on how the estate should be handled if there is no will, google:  intestate will florida estate\n\n3) probate of the will shouldn't take more than a year in most cases.\n\n4)  She must follow the will.  She cannot change anything in the will if the will is deemed to be valid by the courts.  If the will is found to be invalid for some reason, she would have to distribute the assets as the Florida intestate laws state.
774847
You have to find out of your grandmother has a will. Everything will go to whom ever she names. You will not be able to do anything about it.
968810
In some states there is a theory of "equitable adoption". Only if a court finds that this is the case (assuming you are talking about the USA and not some other country where there are "simple" as well as "plenary" or "full" adoptions) can a child inherit directly in the absence of blood relationship or a last will and testament providing for such inheritance.\n\nAs always on Y! Q/A, non-lawyers have stated (above) what they think to be the law, but without understanding the arcane exceptions to the general rules. Google has some references to good definitions of equitable adoption: http://www.google.com/search?hl=en&q=%22equitable+adoption%22&btnG=Google+Search and perhaps, just maybe, your facts will fit.\n\nOtherwise I'm afraid that person is out of luck.
697600
Yes, unless he is being sued in a divorce.  If the man passes away, and depending on who is paying the taxes, the wife can legally take it into possesion if the will reads "I hereby leave everything to my wife."  If there is no will, then whoever is paying the first taxes can take it, then decide what they want to do with it.  That is they can prove the man that died left them as caretaker or overseer of the taxes.
951923
Compentancy of the person at the time the 1972 will was created and/or a change in the legal heirs (but this is a tough fight).\n\nGood Luck!!!
298260
You need to get an attorney specializing in probate and estates.\n\nYour sister "can" make changes to the will but she's not allowed to.  She "can" be appointed executor but she doesn't have to be.\n\nWhomever files the probate first has the best shot at being named executor and you may not actually need the will to do it (just the knowledge that there is a will).  Call a lawyer this morning.