You need a lawyer. Your rights will depend on whether or not there is a will. If there isn’t a will then your rights are determined by your states intestate law. If he was still legally married, his wife is usually first in line followed by his children.
First, see if your fathers estate is in probate. Then, I would contact her and ask for things you would want. Chances are she has moved on with life and doesn't want to deal with anything and will happily turn over everything and the responsibilities along with it to you. Now, if she wanted to be nasty and greedy, in the state I live in...a community property state...you would be very out of luck. Even if they were in the middle of a divorce. The wife (in our state) no matter what is entitled to 100% of any community assets and if there are no minor children, 100% of any separate property assets. Even if they were in the middle of a divorce, that is the law in our state. If she wanted to be nasty, she would absolutely have the upper hand. I would contact her and try to get an amicable resolution as soon as possible.
Brandi, my heartfelt sympathy to you and your family on your father's passing.
Even though your father and step-mom had not been living together for 15 years, in the eyes of the law they are still married. Do you know if they had a "legal separation" [paperwork]?
If you don't know if there is a Will or not, do not remove any of Dad's processions, unless your Dad was living in senior living, then his apartment needs to be emptied. Put those items in storage.
If there is a Will, it could say certain items will go to _______. If there is no Will, and depending on the net worth of Dad's estate, you would need to wait until Probate is completed. A Probate Judge would decide on how the items are divided. This doesn't happen overnight, it could take 6 months or longer.
Do you not have a relationship with your step-Mom? Otherwise you could ask her if your Dad had left you any items.
When did he pass? If you can get into his home, you may want to search for a will. If u can't find one, go to probate and ask to be made Administrator, explaining that he has a wife but they haven't lived together for 15 yrs. They may need her to sign off she doesn't want the position. Once u obtain the short certificate you will be able to get to his bank accts and safe deposit boxes.
I would start with the wife. Maybe she will remember a lawyers name.
Now, if she wanted to be nasty and greedy, in the state I live in...a community property state...you would be very out of luck. Even if they were in the middle of a divorce.
The wife (in our state) no matter what is entitled to 100% of any community assets and if there are no minor children, 100% of any separate property assets.
Even if they were in the middle of a divorce, that is the law in our state.
If she wanted to be nasty, she would absolutely have the upper hand.
I would contact her and try to get an amicable resolution as soon as possible.
Even though your father and step-mom had not been living together for 15 years, in the eyes of the law they are still married. Do you know if they had a "legal separation" [paperwork]?
If you don't know if there is a Will or not, do not remove any of Dad's processions, unless your Dad was living in senior living, then his apartment needs to be emptied. Put those items in storage.
If there is a Will, it could say certain items will go to _______. If there is no Will, and depending on the net worth of Dad's estate, you would need to wait until Probate is completed. A Probate Judge would decide on how the items are divided. This doesn't happen overnight, it could take 6 months or longer.
Do you not have a relationship with your step-Mom? Otherwise you could ask her if your Dad had left you any items.
I would start with the wife. Maybe she will remember a lawyers name.