QUESTION
If my aunt passed away and has two surviving sisters and she didn't leave a will behind, what happens?
Asked on Feb 21st, 2014 on Estate Planning - Nebraska
More details to this question:
There are also niece and nephews. By law, who is entitled to her assets?
17 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you consult a probate lawyer to advise you on this matter, as all of the facts do not appear to be available. However, aunt's children would receive the estate including any children of deceased children of the aunt.
Answered on Feb 25th, 2014 at 4:44 PM
Edwin K. Niles
Two sisters. Ca. Probate Code 6402.
Answered on Feb 25th, 2014 at 5:21 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Assuming decedent had no surviving spouse or descendants, then half to surviving parents and half to brothers and sisters, per stirpes.? Per stirpes means that if a brother or sister predeceased then the children of the deceased brother or sister collectively take that share.? In other words, it's divided among the surviving sisters and among the children of the deceased brothers/sisters, if any.
Answered on Feb 21st, 2014 at 5:22 PM
2 Awards
Spouse first and then children. If neither exist, parents. If all deceased, siblings. If any sibling is deceased, that deceased sibling's children will get their deceased parent's share. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
Answered on Feb 21st, 2014 at 5:22 PM
Anna Tarasyuk
If your aunt has a spouse and/or any kids, then they are the legal heirs. If there is no spouse, and no kids, but she has grandkids, then assets will go to them. If none of those situations apply, and she has surviving parents, then assets will go to them. If none of those situations apply, then the assets will go to her sisters. DISCLAIMER: The answer provided is for general informational purposes only and is not intended as legal advice.No attorney-client relationship is formed nor should any such relationship be implied. Even seemingly simple questions can be complex and may require you to directly consult with an attorney.
Answered on Feb 21st, 2014 at 5:21 PM
3 Awards
Assuming she has no Will, no spouse, no children, no grandchildren then under Nevada law, her surviving siblings and her deceased siblings with issue would each get a share. For example if she has four siblings total and two of the four siblings predeceased her, one with no issue and one who with 3 children, the two surviving siblings each get 1/3 and the 3 nieces/nephews whose parent is deceased share a 1/3 so they each get 1/9. If the surviving siblings have children those children take nothing. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Feb 21st, 2014 at 5:21 PM
Thomas Edward Gates
In Washington, when one dies without a will, they die intestate. If there is no surviving spouse, then the estate passes to their children. If no children then their parents. If no parents, then to their siblings. Each would receive equal shares of the estate.
Answered on Feb 21st, 2014 at 5:20 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Your aunt died, not married, with no living descendants or ancestors. Each of her siblings who survive her, and each pre-deceased sibling who had issue that survive her, get an equal share.
Answered on Feb 21st, 2014 at 5:20 PM
Probate Attorney serving Saratoga, CA
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Douglass Law Group
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California laws of "intestate succession" would determine who would inherit from your aunt. If she was not married, had no living parents or children, the next in line to inherit would be her siblings.
Answered on Feb 21st, 2014 at 5:20 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In Idaho, the sisters are the heirs.
Answered on Feb 21st, 2014 at 5:20 PM
2 Awards
The answer is going to depend on the nature of the assets, and her family history. Since there is no will, you follow the Texas intestacy statutes. Typically, spouse and children, then parents, then siblings. It will likely be split via percentages.
Answered on Feb 21st, 2014 at 5:19 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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In Oregon, if no will, no spouse, and no children, then parents would inherit; if parents are gone, then siblings, and the children of any sibling who has already passed.
Answered on Feb 21st, 2014 at 5:19 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I gather that your aunt did not have any surviving spouse or children? Are her parents both deceased? If the answers are no and yes to those questions, then the estate would pass to her siblings. There would also be a share for any siblings that predeceased your aunt, but left surviving children of their own. More facts are needed to give you a complete answer.
Answered on Feb 21st, 2014 at 5:19 PM
With no Will, her assets will pass according to her State's law of intestate succession. You can look this up yourself, or consult with an attorney specializing in estate administration.
Answered on Feb 21st, 2014 at 5:18 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If there is no Will then her estate will pass in accord with the statute on descent and distribution. If there is no living spouse, or children born to or adopted by your aunt, or living descendants of her children, then her estate will be divide equally among her parents and siblings. If a sibling predeceased her then the descendant of that predeceased sibling will share in the portion the predeceased sibling would have received if alive.
Answered on Feb 21st, 2014 at 5:18 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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The living siblings, and the children of any pre-deceased siblings.
Answered on Feb 21st, 2014 at 5:18 PM
Check the intestacy laws of the state in which she resided at the time of her death. Usually, estates go to the surviving spouse and surviving children, grandchildren, etc. If none of that group is still alive, the estate would go the the decedent's parents, then siblings, then their descendents.
Answered on Feb 21st, 2014 at 5:18 PM