Father dies without a will

My father died 13 years ago without a will. His wife remarried a year after his death and was estranged from my father's family. She would not allow me or my daughter to get anything that belonged to my mother (linens, china, etc.) She has recently died and her husband is living in the house that should have been given to my brother and me. I contacted him and asked him if he would permit me to get some of my mother's things and he told me he had no idea as to who I was or why I was calling and hung up. I had resolved myself many years ago that I would probably never get her things but now that my former step-mother has died (also without a will), I want to know if it would be worth the time and effort to try to legally make a case out of this. I have many personal reasons why I want to pursue this. Please advise. Thank you.

Your father died without a will, leaving the state to decide how to distribute his assets. This probably means that the next of kin - his wife at the time - inherited everything by operation of law. This cut off any rights you had to any of the property in the home, since the property became the property of his new wife. Sounds like there isn't much you can do at this point.

You had a good case when your dad died that 1/2 his estate should have gone to you under the state's descent and distrubution act. However, you had about 6 months to bring suit and it's WAY too late now. Because you "slept on your rights", you acquiesced to stepmom getting everything. She can leave it to whomever she likes. You are SOL.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.