Did he leave a Will? If not the State can come in and settle everything...of course they will take 40% of everything. Was you mom and dad still married when he died...if so...she has to step up and settle everything. It they were not.....everything is divided between the surviving children...that is after the state takes it's share. At least that is how it is in TEXAS. You might want to contac a lawyer for one of those free counsel sessions.
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