What happens when someone dies without a will? 61 Answers as of October 13, 2012

My dad is really sick and has never made a will. He isn't in any condition to make one now so what happens when he dies? How does his stuff get split up amongst us kids and his brother?

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Law Offices of Gerald A. Bagazinski
Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
Someone will have to file a petition with the probate court. A personal representative will need to be nominated. It is best to have waivers and consents from the other interested parties. If your father is unmarried then his share will be split equally among his children via the laws of intestate succession.
Answer Applies to: Michigan
Replied: 10/13/2012
Horn & Johnsen SC
Horn & Johnsen SC | Dera L. Johnsen-Tracy
If your father has no valid will, then upon his death his net remaining assets that did not pass by virtue of beneficiary designations or joint ownership, after all debts and expenses of his estate have been paid, must be distributed according to the laws of intestacy in his state of residence. In Wisconsin, assuming your father was unmarried at the time of his death, then his estate will be distributed to his children, in equal shares. Any interested party can initiate a probate proceeding in the county in which your father resided at the time of his death. You may wish to consult with a probate attorney regarding your options.
Answer Applies to: Wisconsin
Replied: 10/9/2012
Law Office of Alan H. Segal
Law Office of Alan H. Segal | Alan H. Segal
In MA everything would be split equally among his children. The brother would not get anything.
Answer Applies to: Massachusetts
Replied: 10/8/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Without a will, the state decides who gets what.
Answer Applies to: Indiana
Replied: 10/8/2012
Richard M. Gee, a PC
Richard M. Gee, a PC | Richard M. Gee
If your father dies without a will, the laws of intestacy will come into play. These laws usually provide for distribution among the surviving spouse and children of your father in various shares. This will probably require a probate court determination and in that instance I would at least discuss the matter with an estate/probate lawyer to determine how to proceed.
Answer Applies to: Colorado
Replied: 10/7/2012
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    In Florida, if someone dies without a will this is known as "intestate". Florida has intestacy statutes that say who gets what if you die without a will. The court will first look to whether the decedent had a spouse, and if no spouse, then to the children. Siblings do not inherit unless there is no spouse, no children, and the decedent's parents have also predeceased the decedent.
    Answer Applies to: Florida
    Replied: 10/4/2012
    Barlow Flake LLP
    Barlow Flake LLP | Jonathan W. Barlow
    In the State of Nevada, if an individual dies without a will, his property will be distributed according to the intestacy laws of Nevada. "Intestate" means that an individual died without a will. In short, the intestacy laws will distribute the property equally to the closest next of kind.
    Answer Applies to: Nevada
    Replied: 10/4/2012
    The Children's Law Group | Tamara Chin
    It depends on the size of the estate. Normally the statute dictates the line of inheritance is spouse, children, parents, siblings. But how the estate is transferred to heirs will depend on how it is handled.
    Answer Applies to: Washington
    Replied: 10/4/2012
    Law Offices of Mark R. Smith, P.C.
    Law Offices of Mark R. Smith, P.C. | Mark R. Smith, Esq.
    The decedent's estate will pass according to your state's intestate laws. Depending also on your state's laws, a probate matter may have to be opened.
    Answer Applies to: Nevada
    Replied: 10/4/2012
    Law Offices of William J. Hagan
    Law Offices of William J. Hagan | William J. Hagan
    When a person dies without a will, they are said to have died "intestate." Each state has laws which govern intestate succession, or how the assets of the deceased are distributed when he or she dies without a will. Therefore if a person dies without a will, state law will dictate which beneficiaries get what portions of the deceased's estate.
    Answer Applies to: Connecticut
    Replied: 10/4/2012
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    The state statutes define who will inherit under those circumstances. Generally a wife and/or children will inherit. Any account or real estate owned in joint tenancy with the right of survivor will got to the surviving joint tenant. Someone may need to open a probate when he dies in order to transfer ownership of his assets.
    Answer Applies to: Oklahoma
    Replied: 10/4/2012
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    If your father passes away without a will and his estate is over $100,000.00, his estate will need to be probated. His children are is heirs at law and would divide his estate equally. His brother, your uncle, would not inherit anything from your father's estate because your father had issue (children). If your father's assets are less than $100,000.00, his estate would still be distributed to his children under a small estate affidavit.
    Answer Applies to: California
    Replied: 10/4/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If he dies without a will, then the intestacy laws of the state where he lives will determine who inherits form him. Most states provide, in general, that the spouse is first, then the children, then the the parents, You will need to determine the law as to succession in the state where he lives if he dies without a will to know the law which actually applies in his particular state.
    Answer Applies to: California
    Replied: 10/4/2012
    Blough Law Office | Janis L. Blough
    If your father dies without a will, his estate will be "intestate," and state law will control the disposition of his property. Consult an experienced attorney to help sort out his property, whether to file a probate estate, and how to proceed.
    Answer Applies to: Michigan
    Replied: 10/4/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    If someone dies without a will (which is called "intestacy"), their estate is distributed based on Arizona statute. For example, if he was married, then generally his spouse would inherit the estate. If he was not married, then his children would inherit the estate. His siblings would not inherit unless he had no spouse, children or living parents. I recommend you consult with an attorney to discuss how the intestacy process works and to determine whether any legal action is required to distribute the estate.
    Answer Applies to: Arizona
    Replied: 10/4/2012
    Hamblin Law Office | Sally Hamblin
    It would be considered intestate. If he owns a home and only his name on it, you must probate. If any bank accounts with only his name, one must probate. You say he is too sick now. Does that mean too sick to go see an attorney, too sick to knowingly know his possessions, know his children, know who he would like what possessions to go to whom? If cannot see an attorney, one can see him. If he has good days and bad days and knows all listed above he still may be able to make a will. See an attorney. If not, all assets minus creditors, minus fees or costs of probate, would be divided between children with much other involved issues if any child is not living.
    Answer Applies to: Michigan
    Replied: 10/4/2012
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Assuming that the asset does not have a beneficiary designation and is not jointly titled with another, the assets passes pursuant to the intestate laws of the state where he resides at the time of death. If he is a resident to California, Arizona or Nevada, then his assets would pass to his children through a probate action. His brother would have no interest in assets passing via the intestate laws.
    Answer Applies to: Nevada
    Replied: 10/4/2012
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    If your father dies intestate and is not survived by a wife or domestic partner, then his estate will be divided equally among his children. If one of his children does not survive him, then that child's descendants will get that child's share. Your father's brother will not get anything from his estate. It is possible that your father has some assets that designate who gets them after his death, in which case those designations will prevail. For example, is he has a bank account that says that it will go to Person X after his death, according to the bank's records, then Person X will get that account if Person X survives him.
    Answer Applies to: California
    Replied: 10/4/2012
    Law Offices of Michael N. Stafford | Michael N. Stafford
    If your father has any assets those assets will be distributed pursuant to Intestate Succession by the Probate Court. Each State has its own rules with regard to intestate Succession. California distributes all of the community property to the surviving spouse and divides the remaining property among the surviving spouse and the children. If there is no surviving spouse than the property is divided equally among the children. There are certain exceptions too numerous to explain.
    Answer Applies to: California
    Replied: 10/4/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Each state has an Intestate Succession statute that describes how an estate is distributed in cases without wills. The estate must go through probate but the distribution will be ordered pursuant to statute. If your dad dies with children and no surviving spouse, the estate will be distributed to the children. Siblings will not receive a distribution.
    Answer Applies to: Minnesota
    Replied: 10/4/2012
    Law Office of Andrew Kern
    Law Office of Andrew Kern | Andrew Kern
    Intestate laws determine who receives the property from a decedent when there is no will or trust.
    Answer Applies to: California
    Replied: 10/3/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you die without a will the Surrogates Court will appoint a guardian and the estate will be divided amongst the nearest relatives by statute.
    Answer Applies to: New York
    Replied: 10/3/2012
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Assuming he is in Oregon, there are statutes that say what happens. All to spouse if he's married, equally to kids if he's not married, split between spouse and kids if he's married and children are not children of his spouse. Talk to an estate planning lawyer now; your father may be able to make a will if he can communicate at all; or if the statutory scheme works, he may not have to.
    Answer Applies to: Oregon
    Replied: 10/3/2012
    Asset Protection and Elder Law Center
    Asset Protection and Elder Law Center | Shadi Alai-Shaffer
    If he has a home or bank accounts, everything has to go through probate before it can be split between his children. Do not let him pass without a Will or a Trust. You need to schedule a consultation with an attorney asap. Since he can't make one now, his estate will go through the probate court and his assets divided between his spouse and children.
    Answer Applies to: California
    Replied: 10/3/2012
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    A relative (spouse or child, etc) would have the right to file to be the Administrator of the estate. The Administrator would have to be bonded and would have to file an Inventory with the court. The assets would pass to his heirs at law (spouse, children, etc). so the money would not go to the State as some people think. The Administrator would have to live in the state of Alabama. If your father didn't have any real property, or nothing just in his name, you may not have to probate the estate as those assets would pass outside of probate. But if he had a bank account just in his name or land in his name, it would have to be probated. Sorry to hear about your father and best wishes to him and your family.
    Answer Applies to: Alabama
    Replied: 10/3/2012
    Mike Yeksavich | Mike Yeksavich
    The state's statute of descent and distribution establishes distribution of the estate.
    Answer Applies to: Oklahoma
    Replied: 10/3/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    In the absence of a will his estate goes to his "heirs at law". Michigan law provides legal heirs. Generally If he is married. 100% goes to his wife unless he has children from another woman (such as it is a second marriage). Then 50% goes to his wife with 50% split between his children equally If he is unmarried. 100% goes to his children (and their children per stirrups if a child predeceases him) split equally..If he has NO children.. and no wife.. his estate goes to his parents, if alive.. and if his parents are not alive it goes to his brothers and sisters equally All splits are by monetary value From your facts without a will assuming he is not married everything goes to his children split equally Unfortunately his estate will most likely have to go through probate .. so I suggest you hire an attorney asap..
    Answer Applies to: Michigan
    Replied: 10/4/2012
    Gates' Law, PLLC | Thomas E. Gates
    One who dies intestate, e.g., without a will, has his estate probated per Washington statutes. If there is no spouse, then the property remaining after settling debts with creditors, is divided in equal shares between the children.
    Answer Applies to: Washington
    Replied: 10/3/2012
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    Assets in his sole name would pass to his legal heirs. If he's not married, his legal heirs would be his children and descendants of any deceased child. Someone would probably need to open a probate estate to collect and distribute assets.
    Answer Applies to: Illinois
    Replied: 10/3/2012
    LAW OFFICE OF ROBERT I LONG
    LAW OFFICE OF ROBERT I LONG | Robert I. Long
    More information is needed to fully answer your question, but some general information may help. If there is no will and the assets consist of just his possessions totaling just several thousand dollars, the surviving heirs may be able to informally agree on a division. If there are items requiring changes in title such as vehicles and bank accounts, but the total value of his estate is less than $125,000, there is an affidavit procedure that may be available to effect the transfers without going to court, but you would need the assistance of an attorney to create the necessary form(s). If he is married, the wife generally gets all their community property and divides the separate property with the children pursuant to a formula based on whether there is more than one child surviving. As long as there is a surviving child, the brother (your uncle) is not in line to receive. If a title is held as "joint tenants" between your dad and someone else, the surviving joint tenant gets it. Same for if there is another person named on an account, or a beneficiary or a "pay on death to ___" designation. The designated individual receives that money, whether it is life insurance or an account. If the estate is too large to use the affidavit procedure, or if there are dependents in the household (minor children or a disabled individual your father was supporting), or there are disputed claims by creditors (bill collectors) or unresolved divorce issues, probate court probably cannot be avoided. If it goes to court, I strongly recommend an attorney to guide the process. If there is no will, the court will appoint someone called an "Administrator," which can be a family member or someone nominated by a family member. If there is no wife, the children share equally in the estate. If a child died before dad passes, that child's children receive the share that child stood to receive.
    Answer Applies to: California
    Replied: 10/3/2012
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    In Missouri, if someone dies without a will, that is called intestate. Missouri has a law as to how the estate is divided up if a person dies without a will. This law is: *Missouri Revised Statutes* * Chapter 474 Probate CodeIntestate Succession and Wills Section 474.010 * August 28, 2011 * General rules of descent. * 474.010. All property as to which any decedent dies intestate shall descend and be distributed, subject to the payment of claims, as follows: (1) The surviving spouse shall receive: (a) The entire intestate estate if there is no surviving issue of the decedent; (b) The first twenty thousand dollars in value of the intestate estate, plus one-half of the balance of the intestate estate, if there are surviving issue, all of whom are also issue of the surviving spouse; (c) One-half of the intestate estate if there are surviving issue, one or more of whom are not issue of the surviving spouse; (2) The part not distributable to the surviving spouse, or the entire intestate property, if there is no surviving spouse, shall descend and be distributed as follows: (a) To the decedent's children, or their descendants, in equal parts; (b) If there are no children, or their descendants, then to the decedent's father, mother, brothers and sisters or their descendants in equal parts; (c) If there are no children, or their descendants, father, mother, brother or sister, or their descendants, then to the grandfathers, grandmothers, uncles and aunts or their descendants in equal parts; (d) If there are no children or their descendants, father, mother, brother, sister, or their descendants, grandfather, grandmother, uncles, aunts, nor their descendants, then to the great-grandfathers, great-grandmothers, or their descendants, in equal parts; and so on, in other cases without end, passing to the nearest lineal ancestors and their children, or their descendants, in equal parts; provided, however, that collateral relatives, that is, relatives who are neither ancestors nor descendants of the decedent, may not inherit unless they are related to the decedent at least as closely as the ninth degree, the degree of kinship being computed according to the rules of the civil law; that is, by counting upward from the decedent to the nearest common ancestor, and then downward to the relative, the degree of kinship being the sum of these two counts, so that brothers are related in the second degree; (3) If there is no surviving spouse or kindred of the decedent entitled to inherit, the whole shall go to the kindred of the predeceased spouse who, at the time of the spouse's death, was married to the decedent, in like course as if such predeceased spouse had survived the decedent and then died entitled to the property, and if there is more than one such predeceased spouse, then to go in equal shares to the kindred of each predeceased spouse; (4) If no person is entitled to inherit as provided in this section the property shall escheat as provided by law. Based on the statute, nothing in your father's name only (no jointly held property or payable on death or transfer on death) should go to his brother.
    Answer Applies to: Missouri
    Replied: 10/3/2012
    Law Offices of Frances Headley | Frances Headley
    When a person dies without a will and no spouse, the law provides for the estate to be divided equally among the person's children. There are special rules for predeceased children. You should consult a probate attorney to advise you.
    Answer Applies to: California
    Replied: 10/3/2012
    Law Offices of R. Christine Brown | R. Christine Brown
    If your father dies without a will, his assets (that are not owned jointly with another individual or individuals) will be distributed equally between his children (via intestacy & based on the facts contained in your question). If his assets total more than $150,000, a probate will need to be opened and an Administrator will have to be appointed to handle his estate. If his assets are less than $150,000 another probate proceeding may be necessary.
    Answer Applies to: California
    Replied: 10/3/2012
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If your dad dies without a will, Florida has statutes in the books that will help take care of his estate. If he is not married and his survivors are only you and your siblings, his property, both real and personal, will be divided up equally among you after the probate and his creditors are paid. If the estate is not substantial, i.e. less than $75,0000.00 (excluding the homestead) a summary administration can be administered. If the estate is substantial,i.e. greater than $75,000, it would be best if you and your siblings discuss who would be the personal representative to administer the estate and after hiring an attorney, petition the courts to appoint him/her. This personal representative, with the help of an attorney, will be able to distribute the estate, after the probate/attorney,mortician (if they hadn't been paid yet) and the creditors are paid. Unfortunately, if there are children of the deceased, his siblings will not receive anything unless the children agree as a whole to give him something.
    Answer Applies to: Florida
    Replied: 10/3/2012
    Stone|Novasky, LLC
    Stone|Novasky, LLC | Robert Novasky
    If your father has any real property (i.e. house, land) and/or any property that has a title (i.e. car, boat, RV), then you will need to pursue an intestate probate through the court. The court will appoint a personal representative to oversee the probate. The personal representative can be a family member or a friend who is familiar with your father's personal matters. Once you have opened the intestate probate, you and your family members can work with the personal representative regarding distribution of your father's property. Because there is no will, the court will have to approve any proposed distribution of the property. If your father does not have real or titled property, you may be able to seek an adjudication of his estate, depending on the value of his property.
    Answer Applies to: Washington
    Replied: 10/3/2012
    Whiteford, Taylor, & Preston | Edwin Fee
    Your father's assets will pass according to the intestate statute (which is the law that determines how assets pass if someone doesn't have a will). Your question seems to indicate that your father is not married. If that is the case, then the assets would be divided equally among his children. If your father is married, then approximately half of the assets would pass to his wife, and the rest would pass equally among his children. In either event, nothing would pass to your father's brother.
    Answer Applies to: Maryland
    Replied: 10/3/2012
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland the intestacy (no will) rules apply to decedents without wills. Depending on your father's mental state (Does he have lucid moments where he knows what he has and what he wants to do with it?), he may be able to execute a will. If he dies without a will, then a surviving spouse and children will have an interest in his estate; if these folks are alive then the brother does not inherit. The specific distribution will depend on who is alive 31 days after your father's death.
    Answer Applies to: Maryland
    Replied: 10/3/2012
    Carmen B. Marquez, PC | Carmen B. Marquez
    If your father passes without a will, depending on the number of assets he leaves behind, his estate will go through probate. Everything would be divided equally among his heirs. that would be his descendants (kids). However, any things owned in Joint Tenancy will go to the other joint tenant. Any Pay on Death Accounts will go to those he designated based on Contract Law. If the assets he owns are under $150,000.00, you might avoid probate.
    Answer Applies to: California
    Replied: 10/3/2012
    The Law Offices of Ralph W. Flick, P.S.
    The Law Offices of Ralph W. Flick, P.S. | Ralph W. Flick
    When someone dies without a will it is referred to as dying "intestate". There is a law in Washington (most states have one) that determines the distribution of assets for intestate estates. That statute is called the intestacy statute. While that statute is complicated, it generally distributes assets to the children (and/or children of children), if there are no children, the assets go to the parents, if there are no parents, sisters and brothers, etc. This is a very general and broad brush stroke description. The actual outcome will vary depending on the situation.
    Answer Applies to: Washington
    Replied: 10/3/2012
    GOLD & ASSOCIATES, P.C.
    GOLD & ASSOCIATES, P.C. | KENNETH GOLD
    First it depends how the assets are titled. If assets are just in his name and he isn't married they would be split evenly by the kids. His brother would not take anything.
    Answer Applies to: Michigan
    Replied: 10/3/2012
    Frederick & Frederick PLC | James P Frederick
    If this is a Michigan matter, (and assuming your dad is not married), then the children would equally split all of the assets titled in your dad's name alone. Your uncle would not be entitled to anything. Any assets that are titled jointly or that have a beneficiary designated would pass to the surviving owner or beneficiary. It will be necessary to have probate for all assets titled in your father's name alone.
    Answer Applies to: Michigan
    Replied: 10/3/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    When someone dies intestate with kids after all the debts are paid off what is left will be split between the kids.
    Answer Applies to: Nevada
    Replied: 10/3/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Your dad's property, real or personal ,is divided equally between his children; if a child has died, and left grandchildren, then that deceased child's share is divided equally between his/her children.
    Answer Applies to: California
    Replied: 10/3/2012
    Danville Law Group | Scott Jordan
    Let's hope your father makes a full recovery. You say he is not "in any condition to make one now"; does this mean he is currently unconscious or not of sound mind? As to his heirs, is he married? If not, his estate would be divided amongst his children. His brother would not receive anything in all likelihood. When a person dies, everything they own, including real property, personal property, bank accounts, retirement accounts (in some instances) and debts are bundled into what is called the "Probate Estate". Someone, usually a child, will need to file a petition for probate in the county superior court where your father lives. Probate administration will then begin, which is the accumulation and valuation of all of the assets. Once an appraisal is done and the estate has been liquidated, for the most part, a Judge will order who gets want and in want form. Usually, the estate will be divided equally amongst the decedents living heirs (i.e. children). The process can take as little as 6 months, but usually the average is 18 months. You will also want assistance and I recommend you hire a local probate attorney. The fees are set by statute and paid at the end of the case. I am available for a consultation if you would like to speak to attorney about how to avoid probate while your father is still alive.
    Answer Applies to: California
    Replied: 10/3/2012
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    The statutes in California provide for distribution to the children equally when there is no will and no spouse.
    Answer Applies to: California
    Replied: 10/3/2012
    Brian M. Mekdsy Legal Services
    Brian M. Mekdsy Legal Services | Brian M. Mekdsy
    I'm sorry to hear that your father is ill. To answer your question ... Dying without a will is called dying 'intestate.' When an intestate estate is probated, state law will determine how the assets are distributed. These laws vary depending on the jurisdiction, but generally favor the surviving spouse, children, grandchildren, etc. If there is no surviving spouse, and no lineal descendants (children, grandchildren and so on), these statutes would then look to any surviving parents, uncles and aunts, nieces and nephews, etc. Another important consideration is that not all assets are included in the probate estate. Probate only includes assets that were titled in the deceased's name only. For example, if your dad has assets in a bank account with another person, as joint tenants with right of survivorship, when your dad dies, the account will pass automatically, by operation of law, to the other person, and won't be included in the probate estate. Other assets not included in the probate estate are accounts with designated beneficiaries (like IRAs, 401(k)s and life insurance policies) and joint interests in real property.
    Answer Applies to: Massachusetts
    Replied: 10/3/2012
    Law Offices of Matthew M. Friedrich, PLLC | Matthew M. Friedrich
    It depends on how his "stuff" is titled/owned at his passing. If items are in his name alone, then those items have no legal owner after he passes and probate court will be necessary to give the property a new owner, with that new ownership being governed by the rules of intestacy. Assuming he is not married, then the children will likely inherit the probated items.
    Answer Applies to: Michigan
    Replied: 10/3/2012
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    If you father is unmarried and dies without a Will, after the payment of his debts and expenses, the net is divided only among his children.
    Answer Applies to: Oregon
    Replied: 10/3/2012
    Law Office of Russell M. Blood, P.C. | Russell M. Blood
    When a person dies without a will, they are said to have died intestate. The rules of intestate distribution govern how your father?s estate will be distributed. The outcome will depend on a number of facts, including whether he is survived by a spouse, and whether he is survived by children of more than one spouse. You can find those rules at http://le.utah.gov/~code/TITLE75/75_02.htm. Depending on the type and value of his property, it may be necessary to ask the probate court to appoint someone as ?administrator?, which is simply someone who has the legal authority to collect his assets, pay his bills, and distribute what is left to the beneficiaries. If the total value of his property is less thank $100,000 and does not include real estate, an affidavit process is available for transferring the property.
    Answer Applies to: Utah
    Replied: 10/3/2012
    Grant Morris Dodds | Mark Dodds
    When a person domiciled in the State of Nevada dies without a will, any property of the deceased which is subject to the probate process will pass to the deceased's heirs at law, as heirs are defined under Nevada law. Based upon the facts of the question, the deceased is survived by his children and by a brother. Nevada law provides that if the deceased is survived by any issue, i.e. children, grandchildren, etc. the estate will pass entirely to the issue and not to the brother. Each child will inherit an equal share of the estate and if a child of the deceased is deceased as well but is survived by his or her own children, then that child's share will go to his or her children. The estate will need to go through probate, and once the probate process is complete, the judge will issue an order which will divide the estate among the heirs of the deceased, in the manner just described. If any of the deceased's assets have a beneficiary designated, such as a "pay on death account," then that asset will not be subject to probate, but will instead pass without probate to the named pay on death beneficiary.
    Answer Applies to: Nevada
    Replied: 10/3/2012
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    Assuming your mother and father are no longer married, your father's estate would be divided equally between your dad's heirs at law. His heirs at law are you and your brothers and sisters. Your Dax's brother is, at this point, not an heir at law. In order for the division among you and your siblings to be accomplished, an estate will need to be opened in the probate court after your father dies. This must be done within one year after his date of death. The probate court is simply a division of the circuit court in the county where your dad is domiciled at the time of his death.
    Answer Applies to: Missouri
    Replied: 10/3/2012
    Victor Varga | Victor Varga
    Everything goes to his children in equal shares. His brother doesn't receive anything unless you (the children) give him something.
    Answer Applies to: Maryland
    Replied: 10/3/2012
    The Barrister Firm
    The Barrister Firm | Christopher Benjamin
    His estate will be administered pursuant to state law; thereto, if he was a resident of Florida and he is not survived by a spouse then his children would equally share the Estate. You should consult an attorney for a full legal consultation as you must follow very specific rules and procedures when probating an Estate.
    Answer Applies to: Florida
    Replied: 10/3/2012
    Law Office
    Law Office | Timothy J. Lopez
    It depends on what he has, how it's held and how many heirs are alive.
    Answer Applies to: California
    Replied: 10/3/2012
    Meissner, Joseph & Palley, Inc.
    Meissner, Joseph & Palley, Inc. | John Palley
    I am sorry. If a person dies with no will there assets go to their family based on the laws of intestacy. In California, if a person dies with no spouse their property would be split between their children. If a child has died before the parent their share would go to their children (i.e. dad's grandchildren). Your dad's brother would have no interest. If your dad wants to provide for his brother he should do a handwritten will at least. In his writing, dated and signed.
    Answer Applies to: California
    Replied: 10/3/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    All debts, taxes and final funeral expenses must be paid first. Then, the remainder of the estate is divided according to the state law. Mother and children are treated equally. No mother living then the children divide the estate equally. Once the father passes you must file his estate in the probate county of his residence/death. I strongly recommend that the family use an attorney to help them get through this.
    Answer Applies to: Georgia
    Replied: 10/3/2012
    La Office of William H. Von Willer | William H. Von Willer
    In Indiana a person intestate estate (i.e. no will) is divided as provided for by IC 29-1-2-1. In your example the estate would pass to the issue of the intestate, if they are all of the same degree of kinship to the intestate, they take equally, or if of unequal degree, then those of more remote degrees shall take by representation.
    Answer Applies to: Indiana
    Replied: 10/3/2012
    Shaw Legal Services
    Shaw Legal Services | Anne Shaw
    The State has a statute that provides for distribution of the estate's assets to heirs. You would have to file an intestate probate estate in the County Court house where your father either resides or dies. If his entire estate is less than $100,000, you may be able to just do a small estate affidavit and avoid filing a probate estate. You should contact an attorney to assist you with these matters.
    Answer Applies to: Illinois
    Replied: 10/3/2012
    Bagla Law Firm | Kelly Bagla, Esq.
    The laws of intestate will apply if your father dies without a will. You will have to see an estate planning attorney for further information.
    Answer Applies to: California
    Replied: 10/3/2012
    Skillern Law Firm
    Skillern Law Firm | Penni Skillern
    Without a will, the probate court will use the state's intestacy laws, which is basically the state's will for people without one. Usually most states, including Oklahoma, has the deceased's property going to the spouse, and then their children.
    Answer Applies to: Oklahoma
    Replied: 10/3/2012
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