K asked in Family & RelationshipsFamily · 1 month ago

father died without will what rights do i have as oldest son?

my father died with out a will what rights do i have a oldest of 7 siblings

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  • 1 month ago

    No more than the rest of your siblings.  And from past experience, get a lawyer to be executive of your fathers estate.  Or anyone who can be objective. and who will keep records of everything they do.  Sometimes even a few hundred dollars difference can cause a fight or a lawsuit, that can waste both sides money.  No family members should be in charge, you do not want the pain.  And when someone shows negative actions or says hurtful things, because emotions are involved, it can cost you a lot of money as well as time of dealing with a lawsuit.  My sister and I was the executors and together we gave our mother money down for the sale of her home.  We paid off all her credit cards of $5000 and gave her $7500 cash.  We took it off the price of what we owed her.  We subtracted $300 a month for what we owed her.  The problem was we lived together while we were fixing up the home, and we got on each others nerves.  We bother said things that were hurtful. I wanted out.  It upset her. And after the housing market crashed, and we lost big time, and I pointed out I paid all the bills and than gave her the bill for half.  She had a financial problem, so of the $25000 we lost she only paid $8,000.  So she owed me $4,500.  So I said, pay me my $4,500 and I will sign over the house.  It was common knowledge every home, or property went down 20-40%.  But my sister insisted ours did not and I am cheating her out of money so she sued me for $30,000.  After the mess was over, the judge said, I could not show receipts for the credit card payment, and the $7,500 we gave her cash. So the judge took half and said I owed her $6000. And from the house it self, my sister did a past virtual reality house appraisal.  I had an appraisal done 6 months after I bought my sister out.  Besides the mistake my lawyer did, my sister lied, saying we put on a new roof, and we had aluminum siding, the roof was put on 5 yrs before we took over, right before my dad died. And we had Vinyl siding. Which added $9,000 to my sister's appraisal.  And the judge said I owed my sister half. So my sister won about $10,000.  But I was broke, lost all 5 properties, and still $160,000 in further debt. And that was including the $6,500 I paid my lawyer for the lawsuit with my sister.  Which I also heard from family that my sister paid that amount if not more. I had to file bankruptcy. The suit lasted 4yrs.  If your mom and dad were still married, she gets everything, if your parents were divorced or mom is also dead.  Than in general everything your dad owns is split evenly between your siblings   Now that is after all his debt, and funeral expenses  are paid for.  Selling his home and property, would be best.  And than split any money that is left by 7.  after all your dad's bills are paid.  If your dad had a mortgage, credit cards, and other money owed, if he was broke and had no money, the bills die with him, and not anyone else's responsibilities.  But if he has property, an insurance policy, his funeral, taxes owed and other bills get paid before the siblings get any money. If all is said and done you might get maybe a few thousand dollars, I would run in the other direction and let the others fight for the few dollars they could get, with all the headaches that come with it. If your dad had little money have a wake, or small memory party at someone's home. pot luck or order pizza and subs with cases of bear, whisky, vodka, and mixers. And than have your dad cremated for a few hundred. Usually $600-$900.  Funerals are legalized scam.  Its as bad as time shares, payday loans, and cable and internet service.  I had 9 siblings.  Now here are the facts. average person owes about $4000 in debt, and $1000 in taxes.  If you go the cheapest way funeral will cost $2500. And than getting rid of his stuff, will cost a few thousand. So you are talking you would get nothing under $10,000.  Now most people will take personal items, like wedding rigs, and other jewelry, but if there is not enough to go around, to 7 siblings, you could be in for a fight. and no one wins this.  I am sure you think you might know what is best and fair, but I am telling you with feelings and past resentments with siblings most of us have, you do not know what is best or fair. Either get a neutral person to be in charge, or stay away from it. and take what ever is given.          

  • car253
    Lv 7
    1 month ago

    What property did your dad have?   Any homes?   Cars?   Any bank accounts or life insurance ?    Everything depends on what did your dad own and what state do you life in?     This is the wrong category.   Please post again under the "legal" category. 

  • all state have different laws about this

  • 1 month ago

    none. and youve probably lost everything now by asking dumb questions in public. now run to your local clerk of court and file for your deceased fathers property, promptly and immeadiately , no time to waste!

    run go now run!

    your late your late!

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  • Anonymous
    1 month ago

    You have no more "rights" to your father's estate than any of your 6 siblings do, since he died without a will. Yes, you need to contact an attorney, and do it IMMEDIATELY, because all of you are at risk of losing in your inheritance to the state if you don't.

  • Ann
    Lv 7
    1 month ago

    You have no more "rights" as the oldest child than any of your six siblings, if your father died intestate.  I would advise you to consult an attorney, to see if the family can keep the state from taking the entire estate for taxes.  If your mother is still alive, it might revert to her.

  • Pearl
    Lv 7
    1 month ago

    maybe you should talk to a lawyer about it

  • Anonymous
    1 month ago

    contact an attorney...........................

  • 1 month ago

    Much depends on the age of you and your siblings, whether or not your mother is alive, etc. If she is still alive she would normally be the heir. I would consult an attorney.

  • 1 month ago

    Politics & Government --> Law & Ethics

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