Legal Question in Wills and Trusts in Alaska
daughters rights
I am the only child. I haven't seen my father in a number of years. As far as I know he hasn't remarried after the divorce with my mom. My question is: Am I entitled to anything after his death. And how would I go about doing this? I know he has some land and a trailor and that his name is the only one on it.
2 Answers from Attorneys
Re: daughters rights
There is nothing that you can do to affect the
outcome except persuade your father to leave
the property to you instead to someone else. He
can decide to do anything he wants with his
property. He could make a will giving his
property to a total stranger, or a friend, or a
charity, or anyone he wants.
If he does not have a will, then his spouse would
receive the property (but if it is a second wife
you would probably receive a 1/3rd share at least)
and then it would go to his children.
In your case, it seems there would be no spouse
and so you would receive everything.
But he could write a will giving it to anyone
he might desire.
So you don't need to do anything except try to
be a good daughter so that he wants to give
his property to you instead of someone else.
And there really isn't anything else you can do.
If there is no will when he dies, you would then
need to go to the county where he lives and
go to the clerk of the court and ask to "qualify"
as his executor (called a representative in
Virginia).
Re: daughters rights
Why not spend some time searching out your father's whereabouts and finding out whether he has a will which names you as a beneficiary?
If he were to die with no will(intestate)and you
were his only legal heir, you would be entitled
to inherit his property under the state's scheme of intestate inheritance.