IAAL;
In this case wouldn't the unmarried survior be entitled to 1/2 of anything, house, car, stocks property, where both names are listed as owner?
MY RESPONSE:
Good question. If our writer's father and mother, although unmarried, were "jointly named owners" of real and/or personal property, with "right of survivorship", then yes, it makes no difference whether they were married. But, our writer said that there was no Estate, leaving me to believe there were no "joint" car, bank account, or real property ownerships.
But, this is another reason why our writer needs to consult with a Probate attorney to discuss her father's Estate in depth, and to make determinations of who is entitled to the rest of the Estate, and to carry on with her father's auto accident claim.
And even if he didnt have a will she would still be entitled to 1/2 the value.
MY RESPONSE: Not when you're unmarried. If he didn't have a Will, and unless there was jointly owned property, and unless our writer's mother can obtain "putative spouse" status, then our writer is the one with "legal standing" to inherit, and to "step into the shoes" of her deceased father with regard to Social Security and the auto accident claim.
For example, if there was a car and it was only in the father's name, under these facts, our writer could very well be "the successor" to that car - - however, in order to get the title changed, she would need to go through the Probate process and receive court orders concerning the car and its ownership papers changed.
IAAL