Where does your money go if you have no will? 41 Answers as of December 20, 2012

What happens to your money is you pass away and have no will? If you have no spouse or children would it be split among your siblings?

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Victor Varga | Victor Varga
yes, and parents.
Answer Applies to: Maryland
Replied: 12/20/2012
Marc J. Soss, Esq.
Marc J. Soss, Esq. | Marc J. Soss
Florida law will dictate how your estate will pass if you die intestate (without a will). If you have no spouse or children it will pass to your parents, if alive, then siblings.
Answer Applies to: Florida
Replied: 10/16/2012
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
The money will go to your heirs as listed in the state statutes and a guardian and executor will be appointed by the Surrogate's Court.
Answer Applies to: New York
Replied: 10/14/2012
Grant Morris Dodds | Mark Dodds
When a person dies without a will, if the accounts do not have a beneficiary named (e.g. an IRA which states that on the owner's death the beneficiary of the remaining IRA is the decedent owner's brother) the assets will pass according to the laws of intestacy specified under the laws of the state in which the deceased was deemed domiciled at the time of death. Under Nevada law, if there is no wife or children or other issue of the deceased, then the estate will first pass to parents of the deceased. If both parents are deceased, then the estate will pass to the deceased's siblings.
Answer Applies to: Nevada
Replied: 10/14/2012
Mike Yeksavich | Mike Yeksavich
As a general rule; yes. However, talk to a lawyer in your state to make certain of distribution.
Answer Applies to: Oklahoma
Replied: 10/14/2012
    Hamblin Law Office | Sally Hamblin
    Under those circumstances, it would be divided between siblings equally after expenses.
    Answer Applies to: Michigan
    Replied: 10/14/2012
    Frederick & Frederick PLC | James P Frederick
    It depends on state law. In Michigan, if there are no spouse and/or children, then the parents would take, if living, and if not, the descendants of parents, (siblings). If there are none, then it would go back up the ladder to grandparents and then down through THEIR descendants. If there are none, then the State of Michigan would take.
    Answer Applies to: Michigan
    Replied: 10/14/2012
    Asset Protection and Elder Law Center
    Asset Protection and Elder Law Center | Shadi Alai-Shaffer
    It goes through Probate Court and goes to parents and then siblings... it gets distributed according to the Probate Code and the Courts. You should make a Will and if you have any real property in CA or any assets over $150,000 you need a Trust!
    Answer Applies to: California
    Replied: 10/14/2012
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    There are statutes that determine how the estate passes when there is no will. If the decedent has no spouse, and no children (natural or adopted), then the estate would pass to his parents. If parents have already passed, then to brothers and sisters, or the descendants or any deceased siblings.
    Answer Applies to: Oregon
    Replied: 10/14/2012
    Law Offices of Frances Headley | Frances Headley
    If you die without an estate plan of any type, then your property will be divided pursuant to the California Probate Code. If you have no spouse or children then it would go to your parents, if no parents then to your siblings.
    Answer Applies to: California
    Replied: 10/14/2012
    LAW OFFICE OF JASMINE OHANIAN | JASMINE OHANIAN
    Usually it will go to your spouse and children first and if you have none, then to your parents and then to your siblings if there is no will.
    Answer Applies to: California
    Replied: 10/12/2012
    LAW OFFICE OF ROBERT I LONG
    LAW OFFICE OF ROBERT I LONG | Robert I. Long
    Yes, if there is no spouse, and no child, grandchild, etc. ("issue"), and no parent or grandparent still living, the law of intestacy provides it would get split among the siblings, (and to the nieces and nephews taking through a predeceased sibling). Depending on the size of the estate, it may be possible to cause the funds to pass through a written declaration, otherwise a court probate action will be needed. In either event an attorney can guide the process.
    Answer Applies to: California
    Replied: 10/12/2012
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Florida statutes prescribes that if no spouse or children survive the decedent, the decedent's parents will receive the assets of the estate. If no parents survive, the siblings of the decedent the assets will be shared equally. If a sibling is deceased his/her descendant(s) will receive his/her share of the assets.
    Answer Applies to: Florida
    Replied: 10/12/2012
    Gates' Law, PLLC | Thomas E. Gates
    First your parents and then your siblings, in equal shares.
    Answer Applies to: Washington
    Replied: 10/12/2012
    Whiteford, Taylor, & Preston | Edwin Fee
    Assets would pass according to the intestate statute. If no spouse or descendants, then to parent(s). If no parents, then to siblings (or the descendants of a deceased sibling).
    Answer Applies to: Maryland
    Replied: 10/12/2012
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    Dying without a Will in Florida is known as dying "intestate". Florida has intestacy laws that state who gets what when you die. If you do not have a spouse or children, then the court will look to whether your parents are still alive. If not, then it goes to your siblings, nieces and nephews and so on, down the line.
    Answer Applies to: Florida
    Replied: 10/12/2012
    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 you are unmarried with no children and your parents are deceased, the share will be split equally among your siblings or their children if they are deceased. if none, to your next of kin via the laws of intestate succession.If you have any questions, please contact me.
    Answer Applies to: Michigan
    Replied: 10/12/2012
    Stephens Gourley & Bywater | David A. Stephens
    In Nevada if you have no will it goes to your spouse and children. If you have neither it goes to your parents. If they have passed away it goes to your brothers and sisters.
    Answer Applies to: Nevada
    Replied: 10/12/2012
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    In most states, yes, assuming that your parents are deceased.
    Answer Applies to: Nevada
    Replied: 10/12/2012
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Every state has statutes that deal with the distribution of an estate when a person dies intestate (without a will). Usually the assets of a person who dies without a legally-recognized spouse and/or children will go to the person's living parents, then to the siblings.
    Answer Applies to: Nebraska
    Replied: 10/14/2012
    Brad Micklin | Brad Micklin
    New Jersey has a statute called the intestate statute that will determine which relatives will inherit your estate when there is no will.
    Answer Applies to: New Jersey
    Replied: 10/12/2012
    Richard E. Damon, PC | Richard E. Damon
    Parents, siblings, nephews and nieces.
    Answer Applies to: California
    Replied: 10/15/2012
    Law Office of Robert C. Griffin | Robert C. Griffin
    Your money will pass to your relatives pursuant to the Illinois statute on probate.... However, you should get a will done. It is not expensive and will ease your mind, as well as take care of other issues, such a your final choices and payment of final expenses. Please call an attroney tohave this done. Also at the same time ask about Health care powers and Power for Property. Further check into a personal trust.
    Answer Applies to: Illinois
    Replied: 10/12/2012
    Brian M. Mekdsy Legal Services
    Brian M. Mekdsy Legal Services | Brian M. Mekdsy
    When a person dies without a will, their assets are distributed according to the laws of intestate succession. Each state has its own intestacy laws dealing with the inheritance of a person's property when the person dies without a will. These laws generally favor the surviving spouse and blood relatives. In the situation you outline, where there is no surviving spouse or children (or other lineal descendants, such as grandchildren, great-grandchildren, etc.), the statutes generally look up to see if there are any surviving parents, then to any siblings, nieces/nephews. If there are no survivors in any of the classes listed above, then to the closest kin, such as uncles/aunts, cousins, etc. If it is determined that no heirs can be found, then the property passes (called, "escheat") to the state. Another thing to keep in mind is that the actual allocation and distribution of assets is also dependent on the jurisdiction. For example, some states distribute the entire estate to the surviving spouse, while in other states, the surviving spouse is entitled to the first $200,000, for example, then 50% of the remaining assets, with the other 50% going to any children of the deceased and the surviving spouse. It can get complicated. Hope this helps.
    Answer Applies to: Massachusetts
    Replied: 10/12/2012
    Law Offices Of Goldy Berger
    Law Offices Of Goldy Berger | Goldy M. Berger
    If you pass without a will your money will be probated and passed on to your heirs through Intestate Succession.
    Answer Applies to: California
    Replied: 10/12/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Each state has statutes that dictate how an estate is distributed if there is no will. In Minnesota, if you have no spouse or children, it would next go to the level of your parents. If they don't survive, it would be split between your siblings.
    Answer Applies to: Minnesota
    Replied: 10/12/2012
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    If you have no will and no wife or surviving descendants, your assets without beneficiary designations would go to your parents if they are alive and, if not, to your siblings or the descendants of your siblings. If there are none then it would go to descendants of your grandparents if any.
    Answer Applies to: Oregon
    Replied: 10/12/2012
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    The estate (all your assets provided not held jointly or with a beneficiary designation) would go to your heirs at law. Under Missouri Law your heirs at law, if you were not married and had no children, would be parents, brothers and sisters or their descendants; if none of these existed, grandparents, great uncles, aunts, and their descendants, and so on back nine degrees of relationship.
    Answer Applies to: Missouri
    Replied: 10/12/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    It goes by intestate succession.
    Answer Applies to: Michigan
    Replied: 10/12/2012
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    If you have no spouse or descendants, it would go to your parents, if they survive you. If not then to their descendants (your siblings if they survive you).
    Answer Applies to: California
    Replied: 10/12/2012
    Thompson Ostler & Olsen dba Franchise Business Law Group | Brooke Ashton
    Dying without a will is called dying intestate. When a person dies intestate, the assets of the estate are passed along to relatives as set forth in the intestate statute of the state. In Utah, if you do not have a spouse or children, the assets first go to your parents, if they are living. Next they go to your siblings.
    Answer Applies to: Utah
    Replied: 10/12/2012
    McCleary & Associates, PC
    McCleary & Associates, PC | David M. McCleary
    Will not know until you die. Heirs, for intestate succession are determined at your death. Cardpic Listen to my Card - Click Here David M. McCleary Attorney at Law Grand Blanc and Waterford, Michigan 248.674.1716 "The highest compliment we can receive is the referral of your friends, family and business associates. Thank you for your trust." Visit us at www.mcclearylaw.com This email originates from a law office. If you have not signed a retainer agreement describing the services to be provided and the amount to be paid for those services you should assume that you are not a client. I use this address for listserv responses and personal e-mail. On the other hand, it may contain privileged information. If you received this e-mail by accident, please destroy it, and contact David M. McCleary in one of the ways shown above.
    Answer Applies to: Michigan
    Replied: 10/12/2012
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, one's estate (money) should pass to one's heirs under the intestacy (no will) rules. Depending on who survives the decedent, one's spouse and children may inherit. If a spouse and children do not survive the decedent, then look for surviving issue (grandchildren, great grandchildren, etc.), and then surviving parents, before distributing to siblings. If their are no heirs, then the estate "escheats" (goes) to the county board of education.
    Answer Applies to: Maryland
    Replied: 10/12/2012
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    In Oklahoma the law of intestate distribution provides (in pertinent part) "... if there is no surviving spouse, the estate is to be distributed as follows: a. in undivided equal shares to the surviving children of the decedent and issue of any deceased child of the decedent by right of representation, or b. if there is no surviving issue, to the surviving parent or parents of the decedent in undivided equal shares, or c. if there is no surviving issue nor parent, in undivided equal shares to the issue of parents by right of representation..." Therefore, if the decedents parents are surviving, those parents receive. If no parent survives, the estate would be inherited by the decedent's siblings.
    Answer Applies to: Oklahoma
    Replied: 10/12/2012
    GOLD & ASSOCIATES, P.C.
    GOLD & ASSOCIATES, P.C. | KENNETH GOLD
    First would be parents and then siblings.
    Answer Applies to: Michigan
    Replied: 10/12/2012
    Byers & Goulding, PLC | Andrew Byers
    If you pass away without a Will and if you have no spouse or children, your parents would inherit your probate estate. If your parents are not living, then your siblings would inherit. Nieces and nephews would inherit in place of a deceased sibling. These are the rules of intestate succession. The probate estate consisted of assets titled solely in an individual's name at the time of their death.
    Answer Applies to: Michigan
    Replied: 10/12/2012
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Yes if you have no parents. But your estate will have to be probated in court. Get a trust done to avoid probate. There may be alternatives if your estate is small.
    Answer Applies to: Michigan
    Replied: 10/12/2012
    Zahaby Law Offices
    Zahaby Law Offices | Jon A. Zahaby, Esq.
    First, get at least a Will and preferably a Revocable Trust. If you have no Will, your Estate will most likely go through an intestate probate. After court costs, creditors and attorneys fees are paid your remaining estate will be distributed to your heirs "per stripes" which means that if you have no spouse or children then, yes, to your siblings. However, one of your siblings will need to petition the probate court in order to avoid your money and property going to the State.
    Answer Applies to: Hawaii
    Replied: 10/12/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    If you have no will, no spouse, no children, then your estate will be split with your siblings, or their issue if that sibling is deceased and leaves issue.
    Answer Applies to: California
    Replied: 10/12/2012
    Aldrich Legal Services, PLLC
    Aldrich Legal Services, PLLC | Brad Aldrich
    Dying without a Will is called Intestate. The rules regarding where assets go are called Intestate Succession. The rules are as follows: Everything to surviving spouse, if no spouse then in equal shares to children, if no children then equal shares to parents, if no parents then equal shares to siblings and so forth. Depending on whether there are assets such as real estate, bank accounts, retirement accounts etc that need to be transferred to heirs you may have to file a probate case. We would be glad to speak to you about this matter in greater detail and we do not charge for consultations.
    Answer Applies to: Michigan
    Replied: 10/12/2012
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