Quote:
Originally Posted by livingproof
Hi everyone, I am new here and would like some advice or see if anyone knows of a situation like mine and if I can do anything. My father died this March 2009 and did not have a will. The woman with which he used to live (not legally married & no children together) does not answer my calls and was planning on having my father's view at the funeral home without letting me know. I am devasted, I called her about a week later to see if she could give me some of his pictures for my memories and she gave me a flat out NO. She said she was going to keep everything. - I just want to know is there any legal way that I can have some of his things...... My dad would always tell me that everything he had was going to be for my brother and I, meaning his only 2 children he had while he was married to my mom..... Unfortunately, since he never stopped to put it in writing..these are the consecuences...... Any advice would help pls!!! I feel terrible.>>>> My dad was only 57 yrs old and his cause of death is still "pending". He was never sick or anything. The only thing i ever knew of him being sick is the common cold and the flu. *** The, so as she claims herself to be, wife had my dad cremated and has not shared his ashes with me. At this point I'm not even sure I would want them if she even offered, which I doubt she would anyway. I know my father is not there anyway.
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Very difficult situation. Please know I am only rendering a "personal opinion" although I was an adviser for the last 13 years.
Here it goes:
Your father died "intestate" (without a will). Meaning, the belongings "all" will go through a "probate" procedure in the city;town's "probate court". I believe you and all family have a right to contest and claim any assets including checking accounts held in his name except "joint tenancy" account wich would go to the surviving tenant - this would be the person he lived with.
I believe, in my humble opinion, you have a legitimate claim on "all" his "personal" assets and possibly any life insurance or retirement accounts.
Check with the "probate" courts in the city where he resided and better yet, talk with a "probate" attorney. Stay away from "ambulance" chaser attorneys - No offense to any attorneys- You may have to provide a certificate of death and you have the right to obtain it.
The home- if he had a mortgage then you may also have a claim to this.
You must ACT IMMEDIATELY and not leave anything to chance. Regardless of what your relation with him was - Nothing takes away he was your father!
Good luck!
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