Estate Question

[Loving Daughter]

What is the name of your state? Minnesota

My father died suddenly and did not leave a will. He was married to my stepmother. They have no children together. I'm not sure that I need an attorney, but I am curious as to the laws in MN as to what happens with the estate. I assume anything in both their names goes to his wife. What about personal belongings or assets only in my deceased father's name? Do his children have any right to his assets, including personal items such as photo albums and other sentimental items?

I've been advised of "Probate" and am unsure as to what all will be required to go to probate and who will be attending.

Any advice will be helpful.

Loving DaughterWhat is the name of your state?

 

[BelizeBreeze]

What is the name of your state? Minnesota

My father died suddenly and did not leave a will. He was married to my stepmother. They have no children together. I'm not sure that I need an attorney, but I am curious as to the laws in MN as to what happens with the estate. I assume anything in both their names goes to his wife. What about personal belongings or assets only in my deceased father's name? Do his children have any right to his assets, including personal items such as photo albums and other sentimental items?

I've been advised of "Probate" and am unsure as to what all will be required to go to probate and who will be attending.

Any advice will be helpful.

Loving DaughterWhat is the name of your state?

Do not assume anything.
First, without a will (and even with one) either your stepmother or you will need to file probate.

IF the home, for example, is owned as joint tenants with rights of survivorship, then you are correct, it passes to the wife. Otherwise, his portion of that asset is divided as to intestate succession statues for which you can use google to search.