Is it true that if the youngest sibling passes away and there is no will or spouse that their belongings go to the eldest sibling? 34 Answers as of February 04, 2013

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DOUGLAS A. TULL, P.C.
DOUGLAS A. TULL, P.C. | Douglas A. Tull
In Michigan, if he is survived by parents, the parents would take.
Answer Applies to: Michigan
Replied: 2/4/2013
Jensen Law Group, Ltd | Greg L. Jensen
The law that applies if a person dies "intestate," meaning without is call intestacy law and is found in Nevada Revised Statutes, Chapter 134. Depends on whether the youngest sibling who passed away had any now living parents whether the like them or not doesn't matter. If not, generally the deceased sibling's property would then be distributed equally to the other siblings.
Answer Applies to: Nevada
Replied: 1/23/2013
Law Office of Edward M. Burgh, APC | Edward M. Burgh
No. It goes equally to all the children.
Answer Applies to: California
Replied: 1/23/2013
Frederick & Frederick PLC | James P Frederick
No. That is not true at all. If a person dies, their Will dictates what happens. In the absence of a Will, state law provides for the division and disposition of assets. The heirs of a deceased sibling with no spouse or children would be any surviving parents, first. If none, then all surviving siblings would share equally and the children of any deceased sibling would also have a share. Being eldest has no added benefit.
Answer Applies to: Michigan
Replied: 1/23/2013
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
Refer to California Probate Code Section 6402, for distribution of an estate when there is no surviving spouse or surviving domestic partner.
Answer Applies to: California
Replied: 1/22/2013
    James Law Group
    James Law Group | Christine James
    No. There is a statutory scheme in which certain classes of individuals take a person's estate. If there is no spouse, no children, no parents, then likely the siblings will SHARE the estate.
    Answer Applies to: California
    Replied: 1/22/2013
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    Actually, it would be divided equally among siblings (with a share for the descendants of any deceased sibling who has surviving descendants).
    Answer Applies to: Oregon
    Replied: 1/22/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If there is no will, then the intestacy laws of the state where the deceased resided will control who receives the belongings. Generally if there is no spouse, then in most states the children of the deceased share equally. You would have to consult with a probate attorney in that state to determine what the intestacy laws provide.
    Answer Applies to: California
    Replied: 1/22/2013
    Law Offices of Frances Headley | Frances Headley
    When a person dies intestate with no spouse or children then their estate goes to their parents if they are still living and if not, to their siblings equally.
    Answer Applies to: California
    Replied: 1/22/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Well, the parents may get something and all of the other siblings may be entitled to something, so unless the elder sibling is the only surviving relative, no, it is not true.
    Answer Applies to: Idaho
    Replied: 1/22/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    If person dies not survived by any issue , spouse, domestic partner, or ancestors, then his estate is divided equally among his siblings.
    Answer Applies to: California
    Replied: 1/22/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    No. If there is no Will and no spouse, children or parents, it goes to all siblings equally.
    Answer Applies to: Oregon
    Replied: 1/22/2013
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    If the youngest sibling passes away with no spouse or children, then the siblings of the deceased and any parent still alive are heirs of the decedent.
    Answer Applies to: Missouri
    Replied: 1/22/2013
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    No, that is not true. When someone passes away without a Will (this is called "dying intestate"), the laws of the state dictates who inherits the property. If the person does not have a spouse or descendants (children, grandchildren, etc.), then they look to the parents of the decedent. If they are both dead, then the siblings of the decedent would share equally (and this includes the children of any deceased siblings).
    Answer Applies to: Florida
    Replied: 1/22/2013
    Hamblin Law Office | Sally Hamblin
    That is not true. If no will, no spouse, no children, the closest heir is the parents. If no parents, then all siblings. If parents, a statutory amount, if exceeded, is divided between parents and siblings. Other heirs may apply depending on total assets, line of descendants. But to oldest sibling only, not necessarily.
    Answer Applies to: Michigan
    Replied: 1/22/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Assuming no will, no spouse, and no children, then next in line would be parents; if parents already passed, then to all their children next.
    Answer Applies to: Oregon
    Replied: 1/22/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It depends on the laws of the state of the deceased's residence. See an attorney. I an aware of no state where all would go to the eldest surviving sibling.
    Answer Applies to: Michigan
    Replied: 1/22/2013
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    If there is no will, then the statutory distribution generally goes as follows: * To surviving spouse; * If none, then equally to surviving children; * If none, then equally to surviving parents; * If none, then equally to surviving siblings (there is additional distribution beyond this, but it doesn't sound like it would be relevant to the situation you described).
    Answer Applies to: Arizona
    Replied: 1/22/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    No will assets will pass by intestacy statute - no spouse, children, no children, parents, no parents, siblings. Not only eldest if more than 1 sibling, it will be split evenly.
    Answer Applies to: Delaware
    Replied: 1/22/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    No not necessarily. If there is are no parents, the estate will be divided evenly among the decedent's siblings (all of them).
    Answer Applies to: Florida
    Replied: 1/22/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    The next of kin would be the decedent's parents or parent, if alive. If the parents are both deceased then to the issue of the parents. Your question asks about the oldest sibling. Assuming there are more than one sibling, and the parents are deceased and the decedent had no children, it would be to all siblings, plus one share for issue of a deceased sibling.
    Answer Applies to: Nevada
    Replied: 1/22/2013
    The Wideman Law Center, P.C. | Susan Wideman Schaible
    No, this is not necessarily true. Their estate will need to go through Probate. If there is no will, the laws of the State will determine where the assets go. Generally, the assets would go to their parent(s), if they are not alive, then to the siblings equally. Hope this is helpful.
    Answer Applies to: Michigan
    Replied: 1/22/2013
    April R. Fletcher, PLC | April R. Fletcher
    No. When a Virginia resident dies without a will, the distribution of the personal property is controlled by Virginia Code. 64.2-201 which provides for the same pattern of distribution that applies to real estate. If the decedent had no spouse and no children, the decedent's parents are the first in line to inherit. If both of the decedent's parents are also deceased, the personal property is to be distributed among the decedent's brothers and sisters and their descendants, not just distributed to the eldest sibling.
    Answer Applies to: Virginia
    Replied: 1/22/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    No, the estate will go to the parents. If there are no parents, it will go to the siblings in equal shares.
    Answer Applies to: Michigan
    Replied: 1/22/2013
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    If no spouse, the decedent's property would first go to any surviving parent. If no surviving spouse or parent, then the property goes to siblings equally.
    Answer Applies to: Georgia
    Replied: 1/22/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    No Will for a deceased child his estate will be divided equally between his siblings and parents.
    Answer Applies to: Georgia
    Replied: 1/22/2013
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    No, that is not necessarily true. It is possible under some circumstances, but you will likely need to consult with an attorney to find out for sure.
    Answer Applies to: California
    Replied: 1/22/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    No, that statement is not true. If there is no will, no spouse and no children, the next in line would be the decedent's parents. If the parents were deceased, then the decedent's estate would go to his parent's children (decedent's siblings), not just the eldest sibling.
    Answer Applies to: Minnesota
    Replied: 1/22/2013
    The Taylor Law Office L.L.C.
    The Taylor Law Office L.L.C. | Ian A. Taylor
    Depends on your state. Usually, The surviving spouse gets entire intestate estate unless there are children of the decedent. The children get one-half of the estate and the spouse the other half. If there is no spouse, surviving children get everything. No children, everything passes to his parent or parents equally. There are always differences depending on your specific situation. Siblings don't get anything unless the parents are dead or a will says otherwise.
    Answer Applies to: South Carolina
    Replied: 1/22/2013
    Law Offices of Gerald A. Bagazinski
    Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
    No. It belongs to the parents, if living, then all the siblings, equally if living, otherwise the of a deceased sibling goes to his or her children.
    Answer Applies to: Michigan
    Replied: 1/22/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    Not exactly. TIntestacy law would apply. If there are no children and no parents, then all siblings would receive the property. Children of deceased siblings would inherit their parent's share.
    Answer Applies to: Texas
    Replied: 1/22/2013
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    There is no advantage based upon birth order in law of intestate succession. There is, however, a statute that does control who inherits where there is no Will.
    Answer Applies to: Oklahoma
    Replied: 1/22/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    State statutes control when there is no will. Usually, if a person passes away and there is no surviving spouse and/or children, the estate will pass to the surviving parents of the deceased. If the parents are also deceased, the estate will be divided equally between the surviving siblings of the deceased.
    Answer Applies to: Nebraska
    Replied: 1/22/2013
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