QUESTION
What happens in an inheritance without a Will?
Asked on Jul 06th, 2015 on Estate Planning - Illinois
More details to this question:
My father just passed away suddenly and without a will. My only brother passed away 6 months ago. What are the intestacy rules? Should his two adult daughters get 50 percent?
14 ANSWERS
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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In California, if your brother has issue (children, grandchildren, etc) that survive, the issue split what he would have become entitled to had he survived your father. This assumes, of course, your father is not survived by a spouse.
Answered on Jul 16th, 2015 at 7:06 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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Yes, if your father died without a will the laws of intestacy allow his children to inherit the share their father would have received. They would stand in his shoes and inherit in his place.
Answered on Jul 09th, 2015 at 12:32 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Assuming that your father was no married at the time of his death: 1. If your deceased brother had no children, the estate will be split 50-50 between you and your sister. 2. If your deceased brother has children, the estates will be split 1/3rd to you, 1/3rd to your sister and -1/3rd to your brother's children.
Answered on Jul 08th, 2015 at 3:17 PM
Amusement Park Liability Attorney serving Richmond, KY
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Morrin Law Office
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Without a Will the estate will pass in accordance with the Intestacy statute which indicates that the estate will descend per stirpes which means that, if your brother did not survive your father, your brother's children will be entitled to his share (50%). I suggest you retain an attorney if there is any question or if you need help with probate. It may be in your best interest to conduct a thorough search for a Will (safe deposit box, house safe, etc.) because you likely have the most to gain by discovery of such a Will. I hope this has helped.
Answered on Jul 07th, 2015 at 12:01 PM
You do not say which state he was a resident of. ?In California, if there is no surviving wife, then the assets would pass to the two children, so your deceased brother's two kids would get half of his half.
Answered on Jul 07th, 2015 at 2:18 AM
Every state has intestacy laws that address this situation. Usually the surviving spouse inherits first. If there is no surviving spouse, the estate is split between all surviving children by birth or adoption.
Answered on Jul 07th, 2015 at 2:05 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain a probate lawyer to represent you as the administrator of the estate; not having a full picture of all those that may be entitled to receive a share of the estate, I cannot give you direct advice; that is why I suggest you seek the counsel of a probate lawyer.
Answered on Jul 06th, 2015 at 7:03 PM
Edwin K. Niles
It sounds as if you will need to open a probate. Please see a lawyer who is expert in this field.
Answered on Jul 06th, 2015 at 7:01 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Correct. You inherit one-half. Your brother's daughters split the other half.
Answered on Jul 06th, 2015 at 7:00 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Assuming that you mean to say that your father had only two children and that "his two daughters" are your brother's only children, then you get half and they each get a quarter.
Answered on Jul 06th, 2015 at 6:07 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If your father had no will then the statute on descent and distribution controls the distribution of his estate. If, at the time of death your father had a spouse, then his estate would be divided 50% to the spouse then living and 50% divided evenly among his children alive at his death. If one of the children predeceased the decedent then the descendants of that predeceased child equally divide the share the child would have received if alive. If there was no spouse alive at the death of your father then the children equally divide the estate. The children of your brother would receive the share your brother would have received if he were alive at your father's death.
Answered on Jul 06th, 2015 at 5:19 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It's dangerous to answer your question without full information about the family. You refer to your father's two daughters, rather than to your sisters; this makes me think your father has children from more than one relationship, so things may get confusing. You should contact a lawyer to assist you with this estate. From what you gave me, here's my best guess: your father was not married when he passed away, and he had two sons from one relationship, and two daughters from another. If that's right, then the four of you divide the estate equally. However, joint ownership of property changes things, beneficiary designations change things. Get a lawyer to help you probate this estate, and get things done right the first time.
Answered on Jul 06th, 2015 at 5:17 PM
Denise Marie McBride
Florida intestacy rules determine who inherits. See Florida Statute section 732.103. It is most likely, depending on what type of assets your father had upon his death and what funeral arrangements he made, that probate will be necessary.
Answered on Jul 06th, 2015 at 5:16 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Yes. In the scenario you describe, your brother's children would take the intestate share that he would have taken.
Answered on Jul 06th, 2015 at 5:09 PM