If my father died without will does my mother get 100 percent? 21 Answers as of July 07, 2013

My father died and my mother was alive. My brother contested that my father’s will was invalid and died without will. My mother disinherited my brother. After my mother s death my brother is trying to get 25 percent.

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Christine Sabio Socrates Attorney at Law | Christine Socrates
I am sorry to hear about the death of your parents. If your father died without a will, your mother would only get her statutory share which depends on how many children he had and if she was the natural mother of at least one of them. She would not receive 100% unless the children disclaimed their share. Upon her death, if she died without a will, your brother would still be able to inherit.
Answer Applies to: Ohio
Replied: 7/2/2013
Slovak Baron & Empey, LLP | Valerie A. Powers Smith, Esq.
If one dies without a will, the laws of intestacy govern. Under intestacy laws, if the deceased is survived by children in addition to a spouse, the decedent's separate property is divided among the spouse and surviving children as per the intestacy rules. A surviving spouse does, however, receive the decedent's community property half.
Answer Applies to: California
Replied: 6/27/2013
Murphy, Bantz & Bury, PLLC
Murphy, Bantz & Bury, PLLC | Steven Schneider
In Washington the surviving spouse gets 100% of community property and half of separate property, half to children. If there is no surviving spouse, and no will, then it all is split equally by siblings, unless some property is subject to a beneficiary designation. You should consult with an attorney.
Answer Applies to: Washington
Replied: 6/27/2013
Law Offices of George H. Shers | George H. Shers
A parent can disinherit in their Will a child. Ask him what legal basis he has [likely none at all] and be prepared for litigation on the matter. He already attacked your father's Will and will do so as to your Mother.
Answer Applies to: California
Replied: 6/26/2013
Frederick & Frederick PLC | James P Frederick
As with most legal matters, it depends. It is possible that your father's Will was not so much invalid, as "ineffective," in that a Will only applies to assets in the decedent's name alone. Assets titled jointly or with a designated beneficiary pass outside of probate, and thus, outside of the control of a Will. Your brother can contest your mother's Will, but not because he does not like it. He can contest if she was incapacitated or someone unduly influenced her. Most Will contests fail, and it sounds like a very steep uphill battle for your brother. If the estate is not large, it may make sense for you to try to settle with him, in order to avoid court costs and attorney fees. Otherwise, I would let the judge toss his case.
Answer Applies to: Michigan
Replied: 6/26/2013
    Durkin Law, P.C.
    Durkin Law, P.C. | Roger Durkin
    No, if your father died without a will mom does not get 100%, she gets a big percentage, but the children also inherit check with an attorney to get a reading on current statue law.
    Answer Applies to: Massachusetts
    Replied: 6/26/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Assuming your mother survived to all of your father's share of their jointly acquired estate, and thereafter disinherited your brother by will or trust, then your brother is not entitled to anything from the administration of the probate of your mother's estate.
    Answer Applies to: California
    Replied: 6/26/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You do not advise what happened with regard to your father's Will. Was it upheld or not? You should clarify the facts and repost your question.
    Answer Applies to: Nevada
    Replied: 6/28/2013
    Furniss, Shearer and Leineweber | Glen Shearer
    It depends on whether there are children from another marriage. If all children are both spouses Oregon intestate law provides that all goes to surviving spouse.
    Answer Applies to: Oregon
    Replied: 6/26/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If all of your father's children were also children of your mother, then yes, she takes all if he dies without a will. But that is what it is, and your father's estate has to be settled, and does not affect your mother's estate. If your mother, being of sound mind, disinherited your brother then he should not be able to take any share of her estate. He has the right to his day in court, though, so lawyer up and see what he's going to bring.
    Answer Applies to: Oregon
    Replied: 6/26/2013
    Danville Law Group | Scott Jordan
    Did your mother have a will? Have you filed probate? Have you consulted with a probate attorney?
    Answer Applies to: California
    Replied: 7/7/2013
    Gates' Law, PLLC | Thomas E. Gates
    In a community property state, the communal property is split 50%-50%, each spouse can do what they wish with their 50%. Sine your father died without a will, your mother get 50% of your father's estate and the children share, equally, in the remainder of your father's estate (that's 25% of his estate).
    Answer Applies to: Washington
    Replied: 6/26/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    In Oregon, if all of your father's children were also children of his spouse, then the spouse gets everything.
    Answer Applies to: Oregon
    Replied: 6/26/2013
    Arthur H. Geffen, P.C.
    Arthur H. Geffen, P.C. | Arthur Geffen
    It is not clear if your brother succeeded in his contest or not. If not, then your mother got everything. After that her will controls, unless there is a successful contest to it.
    Answer Applies to: Texas
    Replied: 6/26/2013
    Martin Barnes - Attorney at Law
    Martin Barnes - Attorney at Law | Martin Barnes
    These are good questions. But in order to evaluate the issues, your attorney will want to interview you to understand the facts related to your father's will and your mother's subsequent will provisions (if she had a will). I encourage you to visit with an Indiana attorney who can provide you with a more complete understanding of your legal rights and remedies.
    Answer Applies to: Indiana
    Replied: 6/26/2013
    Estrada Law P.C. | Michele Ungvarsky
    If the court determined that your father's will was invalid, the estate would be probated according to your state's intestate laws. If the will was determined by the court to be valid it should have been probated according to the terms of the will and the probate laws of your state. Basically the same would apply when your Mother passes away. If you need more clarification please seek the help of an estate planning attorney.
    Answer Applies to: New Mexico
    Replied: 6/26/2013
    Law Office of Thomas C. Phipps | Thomas C Phipps
    In Missouri, the surviving spouse gets the first $20,000 plus half of the value of the estate. The children get the remaining one-half .
    Answer Applies to: Missouri
    Replied: 6/26/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Check the intestacy laws of state your parents resided in at the time of their deaths. Often the estate is split between the the immediate family members - a surviving spouse and any surviving children by birth or adoption.
    Answer Applies to: Nebraska
    Replied: 6/26/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Depends on the size of the estate.
    Answer Applies to: Michigan
    Replied: 6/26/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    No. She would share equally with the kids.
    Answer Applies to: Georgia
    Replied: 6/26/2013
    James Law Group
    James Law Group | Christine James
    See a lawyer ASAP. The answer depends on what your father's will said and if it was upheld. It also depends on what your mother's will says and if it is being probated. Don't waste time - I see it happen too often and it sounds like your brother will likely get nothing if your mother has a valid will that disinherits him. Speak with an attorney, don't waste your time on question and answer sites.
    Answer Applies to: California
    Replied: 6/26/2013
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