How do intestacy estate laws work? 19 Answers as of August 25, 2015

My father passed away suddenly. He had no will at the time of his death. His only heirs, however, are my half sister and I. Under the intestacy laws, am I entitled to half of his estate?

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Christine Sabio Socrates Attorney at Law | Christine Socrates
If your father was also the father of your half sister, then you will each receive 50%. If he is not her biological father, she will not receive anything.
Answer Applies to: Ohio
Replied: 7/9/2015
Ronald K. Nims LLC | Ronald K. Nims
That would be a yes.
Answer Applies to: Ohio
Replied: 8/25/2015
Patrick W. Currin, Attorney at Law | Patrick Currin
Your father died intestate, so probate laws will apply. You need a probate lawyer.
Answer Applies to: California
Replied: 7/7/2015
Wellerstein Law Group, P.C.
Wellerstein Law Group, P.C. | Elisha Wellerstein
In New York, is a person dies without a spouse, then his/her children inherit equally. You will have to go through an administration process in Surrogates Court.
Answer Applies to: New York
Replied: 7/7/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Most likely you would be entitled to 50%, after his debts and taxes are paid. You should confer with a lawyer.
Answer Applies to: Michigan
Replied: 7/7/2015
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    That would be a yes.
    Answer Applies to: Michigan
    Replied: 8/25/2015
    Law Office of Pamela Braynon | Pamela Y. Braynon
    In Florida, if a person dies intestate (without a will) the estate will be distributed as follows: spouse receives 60% of the estate, children will divide equally the other 40%. If no children, spouse receives entire estate. If no spouse, children divides estate equally.
    Answer Applies to: Florida
    Replied: 7/7/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    The intestacy laws that will apply to your situation are determined by the state your father resided in at the time of his death. If there is no surviving spouse, usually the estate will be divided between the surviving children by birth or adoption.
    Answer Applies to: Nebraska
    Replied: 7/7/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Obtain for yourself probate lawyer to represent you as the administrator of the estate and as an heir to the assets of the estate.
    Answer Applies to: California
    Replied: 7/6/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    If unmarried at the time of his death, yes.
    Answer Applies to: New York
    Replied: 7/6/2015
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    That would be a yes.
    Answer Applies to: California
    Replied: 8/25/2015
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    In Missouri, you and your half-sister would each inherit half of your father's estate.
    Answer Applies to: Missouri
    Replied: 7/6/2015
    Law Office of Denise M. McBride
    Law Office of Denise M. McBride | Denise McBride
    Florida intestacy laws are governed by Florida Statutes Chapter 732. If your father left any property, it is most likely you will need to file a petition with the local probate court to determine the proper ownership of the property. Depending on the type of assets and value, you may be able to file the petition yourself. Many county courts have a website with information and forms that you can use, otherwise you may need to find a probate attorney.
    Answer Applies to: Florida
    Replied: 7/6/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    With the information you provide, yes, you get half and your half sister gets half. This assumes your father was not married when he passed away, had no other children, either natural or adopted, and did not leave any of his property in joint ownership with someone, or with beneficiary designations.
    Answer Applies to: Oregon
    Replied: 7/6/2015
    Danville Law Group | Scott Jordan
    In California, that laws of intestate succession are found in the Probate Code, section 6400-6414. Generally, if your father died without a will and he had no surviving wife, his estate would be divided equally among his children. If his only children were you and your step-sister (meaning her father is also your father) you two would divide his estate in half. Now, you may need to probate his estate. If would be worth a quick telephone call to a local probate attorney to see if probate is necessary.
    Answer Applies to: California
    Replied: 7/6/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes. Unless it is a very small estate, probate will be necessary.
    Answer Applies to: California
    Replied: 7/6/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If there is no will then the statute on descent and distribution determines the distribution of the assets of the estate of the deceased. If a spouse is alive then and there are children, born to or adopted by the deceased, then the spouse receives and the children equally divide. If a child predeceased the decedent then the descendants of that child equally divide the share the predeceased child would have received if alive. Your half-sister would receive a share of your father's estate only if she was a child of your father or your father adopted her. A probate should be opened to allow for the appointment of a representative of the estate to oversee the collection of assets, payment of claims and distribution of assets.
    Answer Applies to: Illinois
    Replied: 7/6/2015
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, the Estates and Trusts Article of the Maryland Code covers distribution from an intestate estate, and who inherits depends on who survives the decedent. Usually the heirs are the decedent's surviving spouse and children, but one needs to have more details to say who is to inherit and how much each share will be.
    Answer Applies to: Maryland
    Replied: 7/6/2015
    Attorney At Law | James G. Maguire
    That would be a yes.
    Answer Applies to: Louisiana
    Replied: 8/25/2015
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