As an only child, will I inherit all personal effects, including money owed? 32 Answers as of December 05, 2012

She has no Will that I am aware of. She is married to an alcoholic who would be unable to care for himself should something happen to her. She is 70 and in bad health. We have a on and off relationship.

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Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
If she does not have a will and is married, her husband will receive one-half of all the estate and can apply to get the first $15,500 of the estate. The Administrator will be your step-father, unless he is unable to get bonded or doesn't apply within 45 days, in which case you can apply, if you live in Alabama and if you can get a bond.
Answer Applies to: Alabama
Replied: 12/5/2012
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
In Nevada, assuming she dies without a Will, probably not. If she does not have a Will, then all community property will pass to her spouse. If she has separate property then you would receive and he would receive. If she has a Will, then she can give her community property interest and separate property to whomever she chooses. However, if the assets do not exceed $100,000 then her spouse is entitled to all.
Answer Applies to: Nevada
Replied: 12/5/2012
CARL C SILVER ATTORNEY AT LAW
CARL C SILVER ATTORNEY AT LAW | Carl C Silver
No, it will probably all go to the alcoholic husband.
Answer Applies to: Michigan
Replied: 12/2/2012
Hamblin Law Office | Sally Hamblin
I am assuming the she you are referring to is your mother. If so, no you will not inherit much of anything if the estate is not large. Her husband will generally take everything in joint, take spousal elections. You may be able to inherit if she named you in her will if she has one. If she sincerely wants you to have some personal asset, it is better if she gives you that asset while she is alive as a gift.
Answer Applies to: Michigan
Replied: 12/2/2012
Law Offices of Frances Headley | Frances Headley
When a person dies without a will their community property goes to the spouse and their separate property is divided equally between the spouse and the children.
Answer Applies to: California
Replied: 12/2/2012
    Asset Protection and Elder Law Center
    Asset Protection and Elder Law Center | Shadi Alai-Shaffer
    She needs to meet with an Attorney and put her affairs in order and have an Estate Plan in place.
    Answer Applies to: California
    Replied: 12/2/2012
    Stephens Gourley & Bywater | David A. Stephens
    You will inherit only if it says so in her will. If she has no will you will likely have to split the estate between her husband an d yourself.
    Answer Applies to: Nevada
    Replied: 11/30/2012
    Matrium Law Group
    Matrium Law Group | Lili Panarella
    You didn't say whether her husband is your father or your step-father. Under Montana law, if she is married to your father when she dies, he will get all of her property if she dies without a will. If he is your step-father, he will get the first $100,000 of her estate plus 1/2 of any balance. You will receive the remaining 1/2. If this is not what your mother wants to happen, she should contact an estate planning attorney in Montana to help her prepare a will.
    Answer Applies to: Montana
    Replied: 11/30/2012
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If there is no will, the spouse will take half and children take half (I'm assuming your mother's husband is not your father). The estate will be subject to debts she owes they get paid before heirs.
    Answer Applies to: Oregon
    Replied: 11/30/2012
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    If she has a Will, Trust or joint accounts, they can disinherit you entirely. If she dies in Oregon without a Will and is married to a person who is not your parent, you split everything 50/50.
    Answer Applies to: Oregon
    Replied: 11/30/2012
    Frederick & Frederick PLC | James P Frederick
    No. You would split the probate estate with the husband. Assuming all of their assets are joint or name HIM as beneficiary, however, there would BE no probate estate, and you would not be entitled to anything. If there IS an estate, (assets owned ONLY by your mother), then her husband would receive the first $150k, (adjusted for inflation), plus half of the remaining assets. You would receive the other half. Depending on the size of the estate, if your mother were to die first, it seems like you would not receive much. Your mother can change that by setting up estate planning to do so.
    Answer Applies to: Michigan
    Replied: 11/30/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You have provided insufficient information to allow an answer. Call for an appointment and consultation.
    Answer Applies to: Michigan
    Replied: 11/30/2012
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    Her husband would inherit half of her probate assets; you would inherit the other half. In each case, her creditors would be paid before you would inherit. Assets that pass by beneficiary designation or form of ownership would go to the beneficiary or co-owner and probably would not be subject to her debts.
    Answer Applies to: Oregon
    Replied: 11/30/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    Without a Will the estate assets will be divided between the husband and offspring of the deceased. She should get a Will if she wants her assets divided differently. Barry Your financial plan is not complete until it is co-ordinated with your estate plan.
    Answer Applies to: Georgia
    Replied: 11/30/2012
    Neil J. Lehto, Esq.
    Neil J. Lehto, Esq. | Neil J. Lehto
    Without a will, he would inherit ahead of you regardless of his ability to care for himself. If she died first and you are not his child, you would inherit nothing from him if he made no will. If you has no surviving family, he could end up going to the state government.
    Answer Applies to: Michigan
    Replied: 11/30/2012
    Law Office of Pamela Braynon | Pamela Y. Braynon
    As the surviving spouse, he will inherit 1/2 of the estate and you will receive the other half.
    Answer Applies to: Florida
    Replied: 11/30/2012
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    You do not indicate if your mother's husband is your father but I am assuming from the way you wrote the question that he is not. If there is no Will, the state of Florida says that her estate will be split 50% to her husband and 50% to you. But this is only for assets that go through probate. If she owns everything jointly with her husband, he will get it after her death (including all the personal effects in the home). Only assets that are titled solely in an individual's name go through probate.
    Answer Applies to: Florida
    Replied: 11/30/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Any assets of your mother will automatically go to your father, as the assets were probably acquired during marriage, as he has a right of survivorship in the community property.
    Answer Applies to: California
    Replied: 11/30/2012
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    If you mother dies without a will, all of her community property and half of her separate property will pass to her husband if he survives her. The other half of the separate property, if any, will go to you, after the payment of any debts. Except to the extent of anything received from her or her estate, you are generally not responsible for her debts.
    Answer Applies to: California
    Replied: 11/30/2012
    Gates' Law, PLLC | Thomas E. Gates
    He spouse, in a community property state, will receive one-half of her estate and the other one-half will go to the children.
    Answer Applies to: Washington
    Replied: 11/30/2012
    Paul Nidich, Attorney at law
    Paul Nidich, Attorney at law | Paul Nidich
    No. Her estate will go to her spouse.
    Answer Applies to: Ohio
    Replied: 11/30/2012
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, under the intestacy (no will) rules you may not inherit everything. Assuming you are not a minor child, your mother's surviving spouse is entitled to the first $15,000, and then you and her surviving spouse are each entitled to half of the remaining balance.
    Answer Applies to: Maryland
    Replied: 11/30/2012
    Victor Varga | Victor Varga
    Surviving spouse is entitled to 1/2 of estate, and you are entitled to 1/2 if no will. Speak to her about executing a will.
    Answer Applies to: Maryland
    Replied: 11/30/2012
    Law Offices of Pari Sheth LLC
    Law Offices of Pari Sheth LLC | Pari Sheth
    No The husband is the next of kin. My advice is to get her to write a will for you to be included in the inheritance.
    Answer Applies to: Missouri
    Replied: 11/30/2012
    Whiteford, Taylor, & Preston | Edwin Fee
    In the absence of a will, and if you are an adult, then the intestate statute provides that your mother's husband would receive $15,000 plus one-half of the remaining probate assets, and the balance of the probate assets would pass to you. Keep in mind that the probate estate doesn't include jointly owned assets or assets with a beneficiary designation.
    Answer Applies to: Maryland
    Replied: 11/30/2012
    Olson Law Firm | Edward M Olson
    If she is married and has no will... then the bulk of her estate will transfer to her husband on her death. Then, upon his death.. the estate will go to HIS heirs.
    Answer Applies to: Michigan
    Replied: 12/2/2012
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    The surviving spouse shares equally with the surviving children if two or less children; however, the surviving spouse must get a minimum 1/3 of the Estate. You would not get it all.
    Answer Applies to: Georgia
    Replied: 11/30/2012
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    If (your mother?) is survived by her husband, he will be entitled to the first $20,000 in value of the estate PLUS one-half of the balance; you would receive the other 1/2. If, however, your mother has a will, the will will govern to the extent that it does dispose of her entire estate. She cannot totally "cut out" her husband as he would be entitled to take a share of her estate notwithstanding what may be written in her will or in a trust or otherwise. While her husband's alcoholism may make him less than responsible, it does not eliminate his rights as her lawful heir.
    Answer Applies to: Missouri
    Replied: 11/30/2012
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    You will have a right to 50% of her assets All her assets will be subject to her debts.
    Answer Applies to: Connecticut
    Replied: 11/30/2012
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