My dad had some money in investments with no beneficiary listed on his account. All other property and vehicles were listed under both his and my stepmother's names. My stepmother filed a small estate affidavit and did not list me as an heir. I would like to know if there is anything that I can do to have the small estate affidavit changed to have my name listed as an heir . I know that all property, vehicles and personal property are not included in the affidavit but I believe that I should be included as an heir. He did not have a will in place at the time of his passing.
You should talk to a lawyer to see whether it is worth it to initiate (for lack of a better term) full probate to see that all probate assets are included and all heirs are included. It could be that your stepmother was entitled to everything on your father's death, but because you say he does not have a will and because there appears to be some probate property, it's likely that you should have inherited something according to the intestacy laws. Sounds like you have a case. Now it's time to evaluate whether it is worth the expense.
The advice in this comment is general advice, and may not be applicable in your situation. I hope you will find this comment informative. Please consider me for your business and estate planning needs. Thank you.
As an intestate heir, you should have been listed on the affidavit regardless of a will or not and you should have received notice. Go see an attorney ASAP.
There is no guarantee that you are entitled to anything but a the very least you should have received notice. Moreover, a GENERAL rule is that if your father was married to a woman who was not your mother (as you have indicated), and your father did not have a will, then your father's children should be entitled to receive some of the probate property. Your case is definitely worth consulting an attorney about. As was previously mentioned, whether or not it is worth the expense of instituting a full probate is not a sure thing.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline