What happens in an inheritance without a Will? 19 Answers as of July 16, 2015

My father just passed away suddenly and without a will. My only brother passed away 6 months ago. What are the intestacy rules? Should his two adult daughters get 50 percent?

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LAW OFFICE OF ROBERT I LONG
LAW OFFICE OF ROBERT I LONG | Robert I. Long
In California, if your brother has issue (children, grandchildren, etc) that survive, the issue split what he would have become entitled to had he survived your father. This assumes, of course, your father is not survived by a spouse.
Answer Applies to: California
Replied: 7/16/2015
Stephens Gourley & Bywater | David A. Stephens
That depends on the state where he resided. In Nevada the surviving children split the property equally.
Answer Applies to: Nevada
Replied: 7/9/2015
Christine Sabio Socrates Attorney at Law | Christine Socrates
Yes, if your father died without a will the laws of intestacy allow his children to inherit the share their father would have received. They would stand in his shoes and inherit in his place.
Answer Applies to: Ohio
Replied: 7/9/2015
Ronald K. Nims LLC | Ronald K. Nims
Assuming that your father was no married at the time of his death: 1. If your deceased brother had no children, the estate will be split 50-50 between you and your sister. 2. If your deceased brother has children, the estates will be split 1/3rd to you, 1/3rd to your sister and -1/3rd to your brother's children.
Answer Applies to: Ohio
Replied: 7/8/2015
Morrin Law Office
Morrin Law Office | Robert A. Morrin
Without a Will the estate will pass in accordance with the Intestacy statute which indicates that the estate will descend per stirpes which means that, if your brother did not survive your father, your brother's children will be entitled to his share (50%). I suggest you retain an attorney if there is any question or if you need help with probate. It may be in your best interest to conduct a thorough search for a Will (safe deposit box, house safe, etc.) because you likely have the most to gain by discovery of such a Will. I hope this has helped.
Answer Applies to: Kentucky
Replied: 7/7/2015
    Wellerstein Law Group, P.C.
    Wellerstein Law Group, P.C. | Elisha Wellerstein
    In New York, when a person passes without a living spouse, then their living children inherit the estate equally. If your brother has any surviving children. then those children would receive their father's 1/3 share. If he did no leave any surviving children, then you would split it 50/50.
    Answer Applies to: New York
    Replied: 7/7/2015
    Law Offices of George H. Shers | George H. Shers
    You do not say which state he was a resident of. ?In California, if there is no surviving wife, then the assets would pass to the two children, so your deceased brother's two kids would get half of his half.
    Answer Applies to: California
    Replied: 7/7/2015
    Law Office of Pamela Braynon | Pamela Y. Braynon
    In Florida if a person dies intestate (without a will), the spouse will get 60% and children will divide equally the other 40%. If no spouse, children will divide equally the estate. If no children, spouse receives the full estate. If no spouse or children, estate is divided in the following order: parents receives the full estate; no parents, siblings receive the full estate. For your father if he has no wife, children divides the estate equally.
    Answer Applies to: Florida
    Replied: 7/7/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Every state has intestacy laws that address this situation. Usually the surviving spouse inherits first. If there is no surviving spouse, the estate is split between all 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
    Suggest you obtain a probate lawyer to represent you as the administrator of the estate; not having a full picture of all those that may be entitled to receive a share of the estate, I cannot give you direct advice; that is why I suggest you seek the counsel of a probate lawyer.
    Answer Applies to: California
    Replied: 7/6/2015
    Attorney At Law | James G. Maguire
    Correct. You inherit one-half. Your brother's daughters split the other half.
    Answer Applies to: Louisiana
    Replied: 7/6/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    It sounds as if you will need to open a probate. Please see a lawyer who is expert in this field.
    Answer Applies to: California
    Replied: 7/6/2015
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Assuming that you mean to say that your father had only two children and that "his two daughters" are your brother's only children, then you get half and they each get a quarter.
    Answer Applies to: California
    Replied: 7/6/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If your father had no will then the statute on descent and distribution controls the distribution of his estate. If, at the time of death your father had a spouse, then his estate would be divided 50% to the spouse then living and 50% divided evenly among his children alive at his death. If one of the children predeceased the decedent then the descendants of that predeceased child equally divide the share the child would have received if alive. If there was no spouse alive at the death of your father then the children equally divide the estate. The children of your brother would receive the share your brother would have received if he were alive at your father's death.
    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 intestacy rule will apply, and the surviving children should inherit equally. Is there a surviving spouse?
    Answer Applies to: Maryland
    Replied: 7/6/2015
    Law Office of Denise M. McBride
    Law Office of Denise M. McBride | Denise McBride
    Florida intestacy rules determine who inherits. See Florida Statute section 732.103. It is most likely, depending on what type of assets your father had upon his death and what funeral arrangements he made, that probate will be necessary.
    Answer Applies to: Florida
    Replied: 7/6/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    It's dangerous to answer your question without full information about the family. You refer to your father's two daughters, rather than to your sisters; this makes me think your father has children from more than one relationship, so things may get confusing. You should contact a lawyer to assist you with this estate. From what you gave me, here's my best guess: your father was not married when he passed away, and he had two sons from one relationship, and two daughters from another. If that's right, then the four of you divide the estate equally. However, joint ownership of property changes things, beneficiary designations change things. Get a lawyer to help you probate this estate, and get things done right the first time.
    Answer Applies to: Oregon
    Replied: 7/6/2015
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    Yes. In the scenario you describe, your brother's children would take the intestate share that he would have taken.
    Answer Applies to: Illinois
    Replied: 7/6/2015
    Danville Law Group | Scott Jordan
    In California, the rules of intestacy is found in Probate Code sections 6400-6414. Generally, if you and your brother are the only children of your father, you two divide your fathers estate in half. You get half and your brother's estate gets half. As your brother is also deceased, his half will be divided equally amongst his children.
    Answer Applies to: California
    Replied: 7/6/2015
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