If my father passed away 16 years ago and his current wife just died, my siblings and I entitled to any of the estate?
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If my father passed away 16 years ago and his current wife just died, my siblings and I entitled to any of the estate?
There was a small settlement on some of my father’s holdings 16 years ago.
Asked on August 28, 2014 under Estate Planning, Delaware
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your loss. I am assuming your Dad dies without a WIll. That is called "intestate." Under stand that only assets that would have passed through your will are affected by intestate laws and that generally means only assets that are owned alone and not jointly with another. Any assets jointly held by your Father and his wife went to her automatically at the time of his death. Any assets that were part of his separate estate pass in Delaware as follows:
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