QUESTION
What if any are my rights if I have to family heirlooms/estate if mother passed and didn’t leave a will?
Asked on May 08th, 2013 on Estate Planning - Utah
More details to this question:
Mother passed away had gotten remarried and didn't leave a will.
15 ANSWERS
2 Awards
It depends upon the term of the marriage and what you are trying to get. Speak with a local probate/estate attorney.
Answered on May 14th, 2013 at 8:10 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No rights, unless you have some document from your mother specifying you to have certain family heirlooms.
Answered on May 10th, 2013 at 3:18 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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How are the assets titled? If they were all joint, then her husband gets it all. If all assets were titled in her name alone, then her husband would be entitled to a big chunk as much as $200k, plus half of the remainder. You and any siblings would split the other half.
Answered on May 10th, 2013 at 10:58 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If a person leaves no will, is married, and has children who are not also children of her spouse, then the spouse and the children split the estate, half to spouse and half to the children.
Answered on May 10th, 2013 at 10:58 AM
Your rights are determined by the state law of intestate succession. You can view this online, or contact an attorney specializing in estate law.
Answered on May 10th, 2013 at 6:53 AM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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If you mother owned any assets in her name alone when she died, and she did not have a will, those assets will need to be Probated. You would be an interested party in that proceeding, however you may not inherit anything because the surviving spouse has a right to claim a significant portion of the estate before other beneficiaries receive anything.
Answered on May 09th, 2013 at 2:03 PM
In Oregon, you split the estate with the new spouse.
Answered on May 09th, 2013 at 2:03 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If she had more than one child, then husband gets all community property and one third of the rest, with the issue sharing the other 2/3 oif separate property. If you're her only child, then you get half the separate property. Heirlooms as you describe are among the separate property.
Answered on May 09th, 2013 at 2:03 PM
Her separate property which she owned prior to her remarriage is to be divided between her children and her spouse. You should consult a probate attorney to review all of the facts.
Answered on May 09th, 2013 at 2:02 PM
Although probate laws vary from state to state, generally an intestate (without a will) estate is split between the surviving spouse and the decedent's children by birth and adoption.
Answered on May 09th, 2013 at 2:02 PM
Thomas Edward Gates
In a community property state, the surviving spouse keeps their one-half of the estate. The remaining one-half is divided with 25% going to the surviving spouse and the remaining 25% going to the children in equal shares.
Answered on May 09th, 2013 at 2:01 PM
If the estate is not large, the husband will get all of the estate.
Answered on May 09th, 2013 at 2:01 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Any brothers or sisters? Any prenuptial agreements? Is her property separate or community? Talk with an attorney and go through the details. It is possible that new husband will let you have the stuff if you ask.
Answered on May 09th, 2013 at 2:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Under the circumstances described you should contact a lawyer familiar with the probate in your jurisdiction. The answer your to your question will be found in the state statutes dealing with dying intestate.
Answered on May 09th, 2013 at 2:00 PM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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Did the mother give it to you or did you just take it? If the mother gave it to you while she was alive, it's yours. If someone dies without a will the property is first divided equally among the surviving children. If she was married at the time and her husband survives her, he gets at least one half and keeps all communal/community/marital property as his own.
Answered on May 09th, 2013 at 2:00 PM