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My mother just died now my father in law is saying he is next of kin with all legal rights but there was no will. what can I do?

Asked over 2 years ago - Oregon

Mother has died father in law haswent crazy and I need to know how to retain some of our familys hierlooms as well as a Car purchased in my mothers name and her name only. I know I must have some rights being the eldest living child. Please I need help what can I do?

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Theodore W. Robinson

Reputation Level 20

Answered over 2 years ago. Criminal Defense Attorney in Hempstead, NY.

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While I don't practice in your state, here is my take on the matter.

If your mother died without a Will, then the matter is handled "intestate" and the state's laws are imposed upon the situation. Usually, the spouse of the deceased takes the "lion's share" and the children take part of it as well. The state decides the percentages and they are different from state to state.

I strongly suggest you hire an attorney familiar with these type of matters and put the matter before him or her. You should normally share in your mother's estate.

Good luck.

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