Denver, CO asked in Family Law, Immigration Law, Estate Planning and Probate for Colorado

Q: I would like to know if I have the right of anything in my father's belongings

I am a US citizen my mother was a US citizen she gave my father his papers they are divorced my mother's deceased my father has another marriage with his wife and three other children his wife is from Mexico I believe she might be a resident I don't know my sisters are from here do I have any say over my father's things

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: In matters of inheritance and rights to a deceased parent's belongings, your citizenship status and the circumstances of your parents' marriage and divorce generally do not directly affect your entitlements. If your father passes away without a will (intestate), the laws of the state where he resides will determine how his estate is distributed among his surviving relatives, including children from all marriages.

As a child of your father, you typically have a legal right to a portion of his estate, alongside any siblings and possibly his spouse, depending on specific state laws. The exact share you might be entitled to can vary significantly based on the number of surviving family members and the presence of a surviving spouse.

It would be wise to seek legal guidance to understand your rights fully and the process involved in claiming any inheritance you might be entitled to. A lawyer can provide detailed advice based on the laws of the relevant state and help ensure your interests are represented, especially if there's no will or if the estate's distribution is contested.

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