Legal Question in Wills and Trusts in Indiana

Re: Father died intestate, am I entitled to anything?

The answer depends upon how your father's assets were registered when he died. If assets were in joint names between him and your step-mother, or he had named her as a beneficiary on insurance or retirement accounts, she would get the assets by account registration or beneficiary designation, with or without a Will. Intestacy would only operate on assets in his name alone, and would depend upon the total value of those assets. I would need to know more information to properly answer your question. You could start by calling the Surrogate's Office in the County where he resided at his death to see if any documents were filed for administration of his estate (the wife has first crack at appointment) and if any probate assets were administrated through the Surrogate's Office. Your rights depend upon what they tell you, plus the assets registration information I stated above.

Re: Father died intestate, am I entitled to anything?

It really depends on whether or not your father had a will. If he did and his will left everything to his second wife, then she gets it as that was his expressed wish in the will. If there was no will then as the surviving spouse she is entitled to her share of the spousal election. However, you also would have a claim to your portion (NOT anywhere near 75%)- as his son. Furthermore, proceeds from joint accounts, insurance, etc. will go to whomever is named on these accounts independant of a will or no will. Check with the county surrogates court where your father passed away to determine if a will was probated.