My father, who was remarried and has always lived in VA passed away in November. There has been no will filed with the county in which he was a resident and there has been some issues between his daughters and his new wife. How would one find out if there was anything that he intended to leave the daughters. Would the daughters automatically receive 2/3 of the estate or how would they find out?
Answer
If no will has been filed, then he either died without a will or his will is deliberately being withheld, or there was no probate estate (e.g. all was held jointly with his new wife. If he died without a will, and there were assets to probate, the daughters would be entitled to 2/3 of the real estate held in his sole name and 2/3 of the personal property not held jointly. If he held real estate, the way that was held can probably be determined by looking up the property or his name in the real estate assessments records, which are generally public. Ultimately, someone may have to inquire of the new wife why there was no probate process started. Perhaps a friend of the family could make this inquiry.
No comments:
Post a Comment