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Estate planning, probate law, dying without a will

Asked over 3 years ago - Nashville, TN

my dad passed away in year 96 without making any will, now my sisters are fighting for property and are saying tat my mom has no right as no will was made, the right is now in the hands of children only. Please advise are they right? does my mom have no right to decide on the issue and make a will of her own?

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sorry not informed earler..Yes my parents were married and they were (when my father passed away too)and are residing in india. Could please let me knw does it really effect now,does my mom can still prove her right??

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Attorney answers (1)

Thuong-Tri Nguyen

Reputation Level 20

Answered over 3 years ago. Family Law Attorney in Renton, WA.

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Who gets what depends on the law of the state where the deceased lived before dying. Since you did not give the name of the relevant state, no one here will be able to tell you what the law of that state may be.

In general, if the mother and father were married to each other when the father passed away without a will or some other documents to determine what happens to his properties, most and perhaps all of the father's properties likely would have become the mother's. Your post did not state whether the two were married to each other at the time.

Your mother likely should review her facts and options with an attorney.

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