If my mother had a bank account and property, do her children get an equal share or one gets everything?

Question

Frances Headley · Answer

How a person's property is divided upon their death depends upon whether they left a document directing how it should be divided and the nature of the property left.  If your mother was not married and she did not leave a will then her property would be divided equally between her living children.  A probate will have to be filed where she lived in order for the property to be divided.  You should consult a probate attorney in that area to assist you.

Norman Green · Answer

If your mother died without a will and without a surviving spouse, then her children share equally (with extra shares for each child who is predeceased and has issue who survive her).

Richard Keyes · Answer

Under Missouri law, if the bank account and property is in your mother's name only, and not in joint names or payable on death or transfer on death to anyone else, then the children split everything equally, subject to outstanding debts that your mother had at the time of her death.  If the total is less than $40,000, then in Missouri you can do a small estate affidavit.  See an attorney for details.  Once the amount is greater than $40,000, you need to do a full probate estate.  You and your siblings need to decide who is going to be personal representative.  If there is no will, then a bond has to be posted.  See an attorney for details.

Mark T. Peters · Answer

Normally, they would all share equally unless she put one of the children on the title.

Thomas Edward Gates · Answer

Is there a Will?  Was someone else on the bank account?  Is there a spouse?  If a Will, it will define the distribution of the estate.  Someone else on the bank account that person(s) gets the money.  If a spouse their rights would have to be honored.  Lastly, if no Will and spouse, the children do share equally in the estate.

Brian Haggerty · Answer

Did she put the bank account and property in joint ownership? Then one gets everything. Did she have a will? Will controls. No will? Then spouse and children take. Is there a lot of property at stake? Hire a lawyer and find out what your rights are.

Edward Armstrong · Answer

If your mother was not married at the time of her death, her heirs at law under Missouri law would be her children (equally).  If a child has predeceased his/her mother, that child's equal share would be divided equally between that child's living children (if any).  If your mother left a will, she may have changed this.  A parent is under no obligation to leave anything to children.  Your mother could have prepared a will that gave her entire estate to one child.  If your mother titled property (real estate, personal property such as bank accounts, etc.)jointly with one or more children, those children would be the owners at mother's death.  If your mother had assets and land an estate should be opened in the probate division of the circuit court  in the county where she was domiciled at the time of her death.

Randy Lish · Answer

If a child's name is on the account as co-owner, that child gets the account.  If there was no co-owner, the account is divided among all of the children.  You do need to check with a local attorney to see if your state law is different, or if your circumstances are different.

Dara J. Goldsmith · Answer

It all depends upon how the assets were titled, another factor if the assets are simply in her name is whether she left a Will.  You should speak with an attorney in the State where she resided to determine you rights.

Kelvin Green · Answer

The answer to your question depends if there was a will nor not of if she did something with the accounts (like payable on death). Depending on the value, it may need to be probated. I suggest consulting with an attorney.

Alison Aleman · Answer

This depends entirely upon whether your mother left a will or not.  If not, and she is married, her spouse may be entitled to the bank account.  If your mother was single and left no will, then her children will take equal shares of her assets.  If she left a will or trust, then the assets are to be divided as she directed in the will or trust.

Susan Wideman · Answer

If there is a co-owner or beneficiary on the account they get all the money. If not the account goes through probate and her will directs where the money goes after all her bills are paid.

Victor Waid · Answer

Your mother not having left a will or other document directing the disposition of her estate, allows for the children to share equally in the estate proceeds. You should obtain the assistance of probate counsel to file a petition to administer her estate in court and obtain the appropriate order for distribution to the children.

James Frederick · Answer

It depends on how the assets are titled. If they are in joint names or designate a beneficiary, then that person or persons will be the owner upon death. If everything was in your mother's name alone, then it would need to go through probate. In that case, her Will or intestate law would determine who would receive it. So depending on your facts, it could be one or all or anything in between.

Erven Nelson · Answer

Unless your mother had a will, trust, or a designation otherwise, the children should get equal shares.

Brooke Ashton · Answer

This may depend on how she listed the beneficiaries on the bank account itself.

Christine James · Answer

Each child would share equally unless mom left a will leaving it certain children.

James Weiner · Answer

It depends on the bank account.   If it is in her name and only her name yes. However, joint bank accounts are just that joint and the proceeds might go to the joint owner.Also some bank accounts have payable on death/survivor ship instructions that must be followed (called "Totten Trusts")

Shadi Ala'i AlaiShaffer · Answer

If she passed with no estate plan (will or trust) it goes to her kids equally (assuming there is no spouse as they would have a right as well).

Kathleen Delacy · Answer

It depends on what her will

James Maguire · Answer

If your mother left no will, her estate will be divided equally among her   children.

Bernard H. Greenberg · Answer

The division and distributions will be according to either beneficiary designations on each asset or if none, according to her Will, and if she didn't have a Will, according to the laws of intestate succession of her state.

David Leon · Answer

Assuming mother didn't have a will, then the property would go under the Texas intestacy statute. Typically, the spouse would get a share (assuming there is a spouse), and then the children would get a share. I'm assuming mother didn't have any debts.

Nathaniel Landman · Answer

Depends on if she had a will or trust, if she didn't and she was not married at the time of her death, then if she had no will or trust, then the children would share equally. If she was married, her spouse would get a share along with the children. If she has a will or trust, the property passes in accordance with those instructions.

Michele Ungvarsky · Answer

It depends.  Did your mother have a will?   Was there a Pay on Death beneficiary on her bank account? How was the deed on the property worded?  Did she file a Transfer on Death Deed with the County Clerk?  You need to gather the paperwork and clarify the issues.

Jayne Sebby · Answer

If she died without a will and there were any assets left after all debts, taxes, and administrative costs were paid, the property would be split as equally as possible between her children.

Phillip Day · Answer

Does the account have a beneficiary designation such that it was a "TOD - transfer on death" or "POD- pay on death" account or was it titled in the name of a trust?  If not, then the account technically should go thru probate and either her will or the state's intestacy laws will dictate where the monies will go.

Ben Liu · Answer

It depends if she has a will or trust, then this document controls.  Otherwise, all children will share equally if the assets are titled only in your mother's name.

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If my mother had a bank account and property, do her children get an equal share or one gets everything?

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