If my aunt passed away and has two surviving sisters and she didn't leave a will behind, what happens? 21 Answers as of February 25, 2014

There are also niece and nephews. By law, who is entitled to her assets?

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Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Suggest you consult a probate lawyer to advise you on this matter, as all of the facts do not appear to be available. However, aunt's children would receive the estate including any children of deceased children of the aunt.
Answer Applies to: California
Replied: 2/25/2014
Stephens Gourley & Bywater | David A. Stephens
In Nevada siblings inherit before nieces and nephews if there is no will.
Answer Applies to: Nevada
Replied: 2/25/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Two sisters. Ca. Probate Code 6402.
Answer Applies to: California
Replied: 2/25/2014
Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
Assuming decedent had no surviving spouse or descendants, then half to surviving parents and half to brothers and sisters, per stirpes.? Per stirpes means that if a brother or sister predeceased then the children of the deceased brother or sister collectively take that share.? In other words, it's divided among the surviving sisters and among the children of the deceased brothers/sisters, if any.
Answer Applies to: Illinois
Replied: 2/21/2014
James Law Group
James Law Group | Christine James
Spouse first and then children. If neither exist, parents. If all deceased, siblings. If any sibling is deceased, that deceased sibling's children will get their deceased parent's share. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
Answer Applies to: California
Replied: 2/21/2014
    Danville Law Group | Scott Jordan
    If you aunt did not have children of her own, then by the laws of succession, her sisters would inherit equally.
    Answer Applies to: California
    Replied: 2/21/2014
    Tarasyuk Law Offices
    Tarasyuk Law Offices | Anna Tarasyuk
    If your aunt has a spouse and/or any kids, then they are the legal heirs. If there is no spouse, and no kids, but she has grandkids, then assets will go to them. If none of those situations apply, and she has surviving parents, then assets will go to them. If none of those situations apply, then the assets will go to her sisters. DISCLAIMER: The answer provided is for general informational purposes only and is not intended as legal advice.No attorney-client relationship is formed nor should any such relationship be implied. Even seemingly simple questions can be complex and may require you to directly consult with an attorney.
    Answer Applies to: California
    Replied: 2/21/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    When your aunt passes, and she does not have any issue (children) or living parents, her next of kin would be her sisters who would share equally the estate.
    Answer Applies to: California
    Replied: 2/21/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Assuming she has no Will, no spouse, no children, no grandchildren then under Nevada law, her surviving siblings and her deceased siblings with issue would each get a share. For example if she has four siblings total and two of the four siblings predeceased her, one with no issue and one who with 3 children, the two surviving siblings each get 1/3 and the 3 nieces/nephews whose parent is deceased share a 1/3 so they each get 1/9. If the surviving siblings have children those children take nothing. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
    Answer Applies to: Nevada
    Replied: 2/21/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Your aunt died, not married, with no living descendants or ancestors. Each of her siblings who survive her, and each pre-deceased sibling who had issue that survive her, get an equal share.
    Answer Applies to: California
    Replied: 2/21/2014
    Douglas P. Barnes, A Professional Law Corp.
    Douglas P. Barnes, A Professional Law Corp. | Judith N. Douglass
    California laws of "intestate succession" would determine who would inherit from your aunt. If she was not married, had no living parents or children, the next in line to inherit would be her siblings.
    Answer Applies to: California
    Replied: 2/21/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    In Idaho, the sisters are the heirs.
    Answer Applies to: Idaho
    Replied: 2/21/2014
    Gates' Law, PLLC | Thomas E. Gates
    In Washington, when one dies without a will, they die intestate. If there is no surviving spouse, then the estate passes to their children. If no children then their parents. If no parents, then to their siblings. Each would receive equal shares of the estate.
    Answer Applies to: Washington
    Replied: 2/21/2014
    Frederick & Frederick PLC | James P Frederick
    I gather that your aunt did not have any surviving spouse or children? Are her parents both deceased? If the answers are no and yes to those questions, then the estate would pass to her siblings. There would also be a share for any siblings that predeceased your aunt, but left surviving children of their own. More facts are needed to give you a complete answer.
    Answer Applies to: Michigan
    Replied: 2/21/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Her sisters are entitled to her assets. If the niece and nephews are children of a deceased sibling, they would inherit their parent?s share of the assets. For example, If the aunt had no children, husband, or parents, and had the two surviving sister, yet a brother had died leaving children. The brother?s children would divide his share of the assets. Each of your aunt?s siblings, the two sisters and the brother, would receive 1/3 of her assets. The deceased brother?s children would divide his 1/3 of her assets.
    Answer Applies to: Florida
    Replied: 2/21/2014
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    The answer is going to depend on the nature of the assets, and her family history. Since there is no will, you follow the Texas intestacy statutes. Typically, spouse and children, then parents, then siblings. It will likely be split via percentages.
    Answer Applies to: Texas
    Replied: 2/21/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    In Oregon, if no will, no spouse, and no children, then parents would inherit; if parents are gone, then siblings, and the children of any sibling who has already passed.
    Answer Applies to: Oregon
    Replied: 2/21/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If there is no Will then her estate will pass in accord with the statute on descent and distribution. If there is no living spouse, or children born to or adopted by your aunt, or living descendants of her children, then her estate will be divide equally among her parents and siblings. If a sibling predeceased her then the descendant of that predeceased sibling will share in the portion the predeceased sibling would have received if alive.
    Answer Applies to: Illinois
    Replied: 2/21/2014
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    With no Will, her assets will pass according to her State's law of intestate succession. You can look this up yourself, or consult with an attorney specializing in estate administration.
    Answer Applies to: Colorado
    Replied: 2/21/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Check the intestacy laws of the state in which she resided at the time of her death. Usually, estates go to the surviving spouse and surviving children, grandchildren, etc. If none of that group is still alive, the estate would go the the decedent's parents, then siblings, then their descendents.
    Answer Applies to: Nebraska
    Replied: 2/21/2014
    Attorney At Law | James G. Maguire
    The living siblings, and the children of any pre-deceased siblings.
    Answer Applies to: Louisiana
    Replied: 2/21/2014
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