Need Help re monitary entitlement

[onefrostykat]

What is the name of your state (only U.S. law)? AL

My Father is in very poor health and cannot recognize anyone...he has cancer and is in a Hospice.

He left me and my Mother when I was 2 years old...and only saw me 6-7 times in my life. I tried to have a relationship with him but he never seemed to care.

He is supposedly fairly well off (several million I am told) and due to our lack of closeness over the years we have never discussed his having a will.

His brothers' children have really been using his funds for years I feel, but I can't prove it.

My question is this: Have I any right (I am the only son) to any of the money...and is that predicated on his having set it up for me? What if he has no will?

If I am left nothing have I any recourse whatsoever?

He and I both reside in AL...but he is soon to be living in IL with my cousin I mentioned. I feel some of his estate should rightfully be mine...but I am unsure if that is legally valid. I struggle with this morally as I don't want to be a money-grubber...yet he was a terrible Father and I feel I should get something from his estate anyway.

Thank you for any help you can provide.

 

[anteater]

I feel some of his estate should rightfully be mine...but I am unsure if that is legally valid. I struggle with this morally as I don't want to be a money-grubber...yet he was a terrible Father and I feel I should get something from his estate anyway.

No, as much as you may feel that you are entitled, that is not legally valid.

If he has a legally valid will, then his probate estate will be distributed according to the terms of the will. If he has no will, and passes away as a resident of Illinois, and has no surviving spouse, then his probate estate would be distributed to his children and, if any the children predeceased him, their descendants.

But keep in mind that not all his assets (or possibly none) pass through probate. He may have established a trust, or have designated beneficiaries for his assets, or have some assets titled as joint with right of survivorship.

His brothers' children have really been using his funds for years I feel, but I can't prove it.

That is far too speculative to be actionable.

 

[Dandy Don]

He may have given power of attorney to someone in the family to be able to handle his financial affairs.

All you can do is wait until he dies and see if he left a last will and testament that is going to be probated in county courthouse probate court. If you are named as a beneficiary, you will be eligible to receive an inheritance. If you are not named as a beneficiary, you are out of luck. If there is no will, you do have rights to inherit and you will need to consult a probate attorney about how to assert your rights to the estate.

DANDY DON IN OKLAHOMA ([email protected])