My dad was killed in a car accident and he had no will. My step mom split the insurance money with me but is refusing to spilt anything else. He had 3 cars left at the time of his death and a lot more stuff. What am I entitled to?

What state are you in?

Alabama

From research.lawyers.com --

Dying Without A Will

If you die without a will (known as dying intestate) in Alabama, your assets are divided among the members of your immediate family. If you have no children or parents, your spouse gets all of your property. If you have no children but have parents, your spouse gets the first $100,000 plus one-half of the balance with the remainder going to your parents. If you have children that are also your spouse's children, your spouse gets the first $50,000 of your estate plus one-half of the balance with the remainder going to your children. If you have children but not all of them are also children of your spouse, your spouse gets one-half of your estate with the remainder going to your children.

Also from suite 101.com --

If there are surviving issue [children] and one or more of them are not issue of the surviving spouse, then the spouse receives one-half of the intestate estate. The issue take the remaining half of the estate by representation.

Please contact an attorney asap.

I am his only child. He had 5 Step kids with her but that's it

Quote:

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Originally Posted by chellejanis88

i am his only child. he had 5 Step kids with her but thats it

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It sounds like you each get half. See a lawyer pronto! (Her kids don't count unless he adopted any.)

Thanks for your help!

yes, it also may depend on how much the estate is worth, and how much insurance money, since the insurance money if left to her was not part of the estate. She may have giave an amount equal to about 1/2 of the estate, esp if the cars all have loans on them, and the such.

I have a friend who has 3 cars, he has about 100 equity in them.

So you may also want to set down and be relistic about the value of things, what the loans are on the things at the time of his death and so on.