entitlement of property

[cavedaddy00]

What is the name of your state? Mississippi

My father recently passed away. Heleft everything to my step-mother in a will. Am i entitled to any of his estate or retirement? he did not cut me out and we were not on bad terms. he just didn't mention it in the will. She isn't giving my brother and I a dime. Will i be notified when his will might be read or probated.

 

[Dandy Don]

What is the value of the estate and how long was he married to her?

 

[cavedaddy00]

What is the value of the estate and how long was he married to her?

The house and land is about $150,000k. I don't know how much his 401k is worth. She hasn't told me how much life insurance he had. They have been married 14years.

 

[I AM ALWAYS LIABLE]

The house and land is about $150,000k.

MY RESPONSE: Then, wouldn't you think it would be worthwhile for you to have a consultation with a Probate attorney?


I don't know how much his 401k is worth. She hasn't told me how much life insurance he had. They have been married 14years.

MY RESPONSE: As to both of these, they won't go into his Estate. So, unless you're the named beneficiary, you're not going to receive money from these sources. Both of these items will go directly to whomever has been named as the beneficiary. As the beneficiary, the money from these sources "skip" Probate and go directly "into the pocket" of the beneficiary.

Good luck.

IAAL

 

[Dandy Don]

As a surviving child, you are entitled to a portion of this estate but it's a shame that the step-mother's attorney won't tell you what it is. The law about this is somewhat detailed and a bit complicated, so you do really need to follow the excellent advice you were given to get your own probate attorney to claim your share of this estate.

 

[nextwife]

I was a surviving child when my dad died, and I was not entitled to any portion of his estate. And we were not estranged, we were very close. 100% went to his spouse (who is my mom). And I don't expect to inherit from her, as she will need what's there for her retirement and medical needs.