My dad had brain cancer and I came to live with him and my stepmother right before he passed away with my two children he was not in his right mind and I've heard my step mother say it and my aunt say it I was an only child and my stepmother claims that there's a will and that I did not get anything in the will but I have not seen a will and she put me out homeless with two kids do I have any rights to any of his things they have only been married for 2 years. Do i have any rights as his only daughter??
If your father had a will, and it has to be probated, you will have to be notified of the probate. However, if your father had his property title jointly with your stepmother, it would all go to her regardless of what the wheel said and the wheel would not have to be probated.
You are an air at law, however, you are not required to be left anything under your father’s will or his estate. Your stepmother, as the wife of your father has spousal rights.
If your father had a house or any property, you could look up the deed and see how it is titled. If it is in both of their names with rights of survivorship, it would pass to your stepmother without having to be probated
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