Wills Trusts and Estate Planning

[bethgunn4]

What is the name of your state (only U.S. law)? Alabama
My Father died without a will. He had three different properties. He was in his third marriage. He has three surviving biological children. He also had some stocks and bonds and I am sure some other assets other than property. Do we, his surviving children have any way of receiving any of his estate. He died 1 1/2 years ago and his wife has not shared anything with us.

 

[anteater]

Check with the county(ies) in which the real properties were located to find out how they were titled.

Check with the probate court in the county in which he resided to determine if probate was ever opened.

Under Alabama intestate succession law, the children would be entitled to share 1/2 of the probate estate, unless they are also all children of the surviving spouse in which case they would be entitled to a bit less.

However, keep in mind that property can pass in other ways than probate. Assets owned jointly with right of survivorship, assets with beneficiary designations, assets in trust, etc. These assets pass outside of probate and the children would have no entitlement to them.

If, after investigating as much as you can, you feel that there are assets that should be subject to probate and have not been, one or more of you will need to file to open probate.

 

[FlyingRon]

By the way "biological" means little.

Adopted children are entitled to the same rights. Step children/foster children however do not include in the "issue." Note however that grandchildren (and further down) do. Adopted children generally don't have "child" rights except when they are children of a spouse who adopts them (i.e., if you're adopted into an unrelated family, you have no rights through your biological parents).
There's also some haziness for children born out of wedlock who aren't subsequently acknowledged by the father.