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payasa14 · Nov 30, 2010, 05:08 PM

My father passed away a few months ago and I recently found out I am not a listed as a beneficiary, only his wife (mystep mom) is. My stepmom has been fighting to a lot more money since he passed away on the job. She is giving most of the money to my stepsister and her husband. My stepsister has a different father. I am the only child of my father. I don't think its fair that I get none of the money and it go to people that aren't full blood to my dad. I just want to see if there's anything I can do, if I can take this to court because I think I have a right to the money just like my stepmom. Please help me asap.

***Also he was born and passed away in Oklahoma if that helps any.

Wondergirl · Nov 30, 2010, 05:11 PM

Did he have a will?

payasa14 · Nov 30, 2010, 05:16 PM

I think not but I'm not 100% either. How would I go about that? Who can I call to find this out?

ScottGem · Nov 30, 2010, 05:20 PM

If he had no will, then there is a likelihood you are entitled to a share of his estate. But you NEED to get an attorney familiar with estate law to force probate.

You said you recently found you you were not a beneficiary? A beneficiary of what?

Wondergirl · Nov 30, 2010, 05:23 PM

Can you afford a lawyer? I think you need one to sort this out.

I'm guessing your stepmom is handing out money from bank accounts, CDs, etc. she had jointly with your father. Here's from eHow --

A deceased person's will needs to be filed in probate court only if the estate is of a very large value. Certain assets do not need to enter probate court. These include life insurance benefits, property held in joint control (perhaps the deceased and their spouse, or the deceased and their son/daughter), or property held in a living trust. In the case of large monetary amounts, and additional property held by the deceased only, as well as cars, jewelry or other valuable items, probate court will determine if the will is valid and the assets can be dispersed as the deceased wished.

payasa14 · Nov 30, 2010, 05:28 PM

Well I was thinking of looking at a Estate Lawyer with free consultation. Is this good or do I need to go on a different path to Hire an attorney?

payasa14 · Nov 30, 2010, 05:29 PM

I am not a beneficiary on his life insurance. What is his share? What do you mean by that? I don't know if what they mostly had was on his name or on her name or both their names.

Wondergirl · Nov 30, 2010, 05:33 PM

Yes, go with the free consultation with him and with others if you need to in order to "feel them out" and to find a good fit, one that feels right to you and sounds sure of his subject.

ScottGem · Nov 30, 2010, 05:39 PM

Certain assets are distributed outside the estate by designating a beneficiary. Life Insurance is an example of this. If bank accounts were held jointly with your step mom with right of survivorship, then those go directly to her outside the estate.

Do you know of any other assets he might have had? Did he own a home? Have stocks and bonds, etc.

Yes a free consultation will help, but only if you go there with information about his assets that the attorney can advise you on.