If someone dies without a Will, who will inherits their belongings?

Question

He has a girlfriend who he lived with and she will not release any of his belonging. What do I do?

Christine Socrates · Answer

If there is no will, then a girlfriend would not be entitled to any assets unless they are jointly owned by her or she is a named beneficiary of that asset.

Dara J. Goldsmith · Answer

His closest family members should speak with an attorney about initiating a probate proceeding.

James Weiner · Answer

In the absence of a will I believe his estate would go to his children, and if he left no children, to his parents, if they predeceased him, then split equally with his siblings (brothers and sisters).  Any heir has the right to act as personal representative and once appointed is legally allowed to collect his belongings. I advise contacting an attorney.

James Oberholtzer · Answer

You can file a petition to probate the estate and have yourself appointed the personal representative.  That gives you the legal power to take possession of the decedent's property.  You can do a small estate affidavit if the value is less than $200,000.

Mark T. Peters · Answer

Your state determines who the heirs are by statute.  In Idaho, first to spouse, then to children, then to parents, then to children of parents.  If you are related, you can open a probate estate.  I suggest you contact a local attorney to discuss the issues involved.

Brian Haggerty · Answer

If a person dies in Oregon with no will, their spouse inherits; if there is no spouse, then children inherit in equal shares. The thing is, is there enough to do a probate? Did he have real property, or bank and brokerage accounts that need to be transferred? Or is it just his things? If there's property worth fighting over, petition the court to be named administrator of the estate and then petition the court for an order directing girlfriend to turn over his things.

Sabina Tomshinsky · Answer

The distribution of the decedent's intestate estate would be governed by Florida's intestacy laws. In particular, Section 732.103 of the Florida Probate Code lists the intestate succession when the decedent is not survived by a spouse. It would be prudent to consult with a probate attorney in your area for further guidance specific to your case.

Victor Waid · Answer

The person next of blood kin would inherit the personal belongings of a deceased without a will directing there disposition.

Jayne Sebby · Answer

Anyone who has an interest in the estate - family member, creditor, next door neighbor - can file a petition in probate court to be named executor/personal representative and oversee the distribution of the estate according to the state's intestacy laws.  Generally after all debts and taxes have been paid, the heirs are:  surviving spouse, then descendants of the deceased.  If there aren't any of those, then the deceased's parents inherit, followed by deceased's siblings and their descendants.  Usually, non-spouses such as girlfriends have no right to or claim on the estate unless the deceased and the non-spouse purchased things together such as a house, furniture, vehicles, etc.  The probate court can enforce the statutes and determine what property belongs in the estate.

Michele Ungvarsky · Answer

This is called intestate probate.  The probate laws of the state dictate who inherits the property.  Contact your local probate court or an Estate Planning Lawyer.

Edwin K. Niles · Answer

Closest relatives; certainly not the GF.  See Probate code 6400 et seq.

Thomas Edward Gates · Answer

When a person dies without a will, he dies intestate. If he is not married, his estate would go to his children and, if no children, then his parents. If no parents, then his siblings. The girlfriend get nothing.

Bernard H. Greenberg · Answer

When someone dies without a Will, their assets pass pursuant to the laws of intestacy of their State. For more details, consult with an attorney specializing in estate administration.

Norman Green · Answer

Get a court order.

Linda Frieder · Answer

Intestate.

Randall Romei · Answer

If there is no Will then the assets of the deceased are distributed in accordance with the Statute on Descent and Distribution.  If there is a spouse and no descendants the spouse receives all.  If there is a spouse and descendants then the spouse receives ? and the descendants divide ?.  If no spouse or descendants then it is equally divided among the parents and siblings, with a single eligible parent taking a double share if the other eligible parent predeceased the decedent and the children of a predeceased sibling equally sharing in the portion the predeceased sibling would have received if alive at the time of death of the decedent.             If you open an estate and have a representative appointed the representative can begin an action to recover the belongings on behalf of the estate.  Personal property is tricky because it may be difficult to prove if the girlfriend or the decedent purchased the household items.

James Frederick · Answer

It depends on what the belongings are. How much are they worth? You can open a probate estate and petition the court to order their return. If they belonged to the decedent, then they become the property of the estate, upon his death. If they were jointly owned by the decedent and the girlfriend, they would now belong to her. It is often difficult to tell who owns what, when you are talking about this kind of asset, because there is no "title" to say who owns it. This is where the expression "possession is 9/10s of the law" comes from. Whether it is worth it to challenge this depends on the nature of the assets in question. If the girlfriend is found guilty of converting the assets, she could be held responsible for three times the value of the assets, whatever that might be.

Patrick Currin · Answer

The stuff belongs to his closest relatives, not the girlfriend. You need to find an attorney that does probate for an intestate succession.

Bruce Provda · Answer

Usually it would be the next of kin if there is no will. You could take it to probate court.

Helene Ellenbogen · Answer

First, you didn't say who you are. If you are his child or parent, you are in a position to file an intestate administration. His belongings (after all debts are paid) will then go to the relatives as outlined in the intestate succession statute.

Ronald Nims · Answer

If unmarried, 100% of his belongings are distributed to his children in equal shares. Go to the probate court, open the estate with you as executor and go get his assets. If she resists, get a court order.

Georges Shers · Answer

If there is no Will, the the assets pass in the fashion listed under your state law for intestacy. You can goggle that as to your state probate code. A girlfriend has no legal rights to anything that he owned (she might try to claim that she paid for the item).

Christine James · Answer

His legal heirs inherit and a girlfriend is not an heir. Contact an attorney to discuss the assets and either file for probate or do summary proceedings to get the assets.

Dean Esposito · Answer

The girlfriend does not inherit any of his belongings. The order would be his children then parents and siblings. She has no claim to his property unless they each contributes money to purchase the items.

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If someone dies without a Will, who will inherits their belongings?

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