Q: Will my step-mom receive all of my dad’s assets & life insurance if he dies before her without a will? Can I contest?
As a child, my biological mother passed away and dad since remarried. I am now an adult and my step-mother and I have a distant relationship. Am I entitled to any benefits if there is no will?
A: If there is no Will, your father's estate will be divided 50% to your step mother and 50% to you and your siblings. However, as I recall the first $200K goes to the spouse before the division. However, things held in a joint account will go directly to your step-mother as they are not part of the estate.
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A: Depending upon the size of your father's estate you could have a share. Life insurance is usually governed by the beneficiary designation and normally does not pass through the probate estate with the exception of life insurance where there is no beneficiary designation which usually would pass through the probate estate, although there are some exceptions. Also, was there a prenuptial agreement? Often in second marriages the parties have had one in order to protect their children and assets. If so, there is also likely a Will involved .
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