the father passes away and did not live the will no where to be found or whatever.what is the legal way to cla
we ask a lawyer we cannot get a good answer.legality we are asking your opinion.thank you
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Are you in the US? If so, someone needs to go to the county courthouse in the county where father lived and file for probate. The probate or clerk’s office should have the forms you need. Once you file for probate, you will need to distribute father’s assets and pay his debts in accordance with the intestate laws of the state where father lived.
To find out the procedure, google the following:
intestate probate statename
Usually, if there is a surviving spouse, that person is entitled to 1/3-1/2 of the total estate and the rest is distributed to any children of the deceased. Before any funds can be distributed, however, the debts of the deceased would need to be paid.