Q: My dad passed away Easter Day 2021 my mom just passed away May 28th 2023 they did not leave me as beneficiary
I do not have no brothers or sisters I'm my only child I was born in 1981 why do I have to go to probate they own their own home they did not have no liens on it or anything they made me personal representative at probate for something I think everything is rightfully mine don't have no uncles have one aunt she does not want nothing to do with it she said what should I do can I stop probate they really didn't have nothing except life insurance policies in the house and a car and a truck that dad left me I never did fill the title out for it but I was not left beneficiary for the life insurance my dad was not like I said my dad passed away in 2021 he had cancer and Alzheimer's my mom passed away with COPD had a stroke and was showing signs of dementia
A:
In situations like yours, where a person passes away without a will (intestate), their assets typically go through the probate process to determine how they will be distributed. The probate court will handle the distribution of the estate according to state laws, which can vary depending on the jurisdiction.
Since you are the only child, you may be entitled to inherit your parents' estate as their legal heir. However, to officially establish your rights and claim the assets, you might need to go through the probate process as the personal representative.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
