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It will depend upon the intestate laws of the state. In most cases the property and estate will be divided between the surviving family. If the spouse is still living, she will get the estate. Some states cut it in half and the spouse gets half and the other half is divided between the children. Consult a probate attorney in your state for the rules that apply.
The best way to find out for sure is to check the intestacy statutes in your state, and/or consult an estate attorney. Many (if not most) states give divorced spouses no legal rights to the estate of the decedent spouse, whether or not there is a will in place. The law would treat the surviving divorced spouse as though she had predeceased the deceased divorced spouse. If there is no will, then the intestacy statutes will determine who inherits the estate, but it will usually be the direct descendents (e.g. children and grandchildren) if any, followed by surviving parents, then surviving siblings, and so forth.
If you have an interest in the estate it would be under the laws of intestacy in the state where your father died or where he owned real property. You can check the state laws that govern intestacy at the related question link below.
I think in South Carolina,the state gets the property and disposes of it.i.e. auction or whatever. It pays the taxes and creditors,if any. Not sure where the rest goes to.Good question!!!
Each state or country has an intestacy law that specifies how the estate will be distributed if there is no will.
The jurisdiction will have intestacy laws. They will specify how the estate is distributed.
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Which son of the feudal lord inherited the father's estate?
The first born son inherits the father's estate.
Who inherits a husbands estate in Canada if there is no will the wife or biological children?
wife
Who inherits real estate in Texas?
One would surmise that whomever real estate is left to in a will would inherit it. If someone dies without a will, then the Texas Intestate Succession laws will determine who inherits the property.
Who is responsible for paying estate tax?
A person who inherits goods when someone dies.
Who is responsible for paying an estate tax?
A person who inherits goods when someone dies.
Does Mississippi have an intestate estate law?
Yes. You can read the text for who inherits in an intestate estate in Mississippi at the related question link below.
What is heirness?
An heir is someone that inherits from an estate due to being a descendant or relative of the deceased.
Who inherits in an intestate Estate in Virginia?
It is set by law. Typically it will be the spouse, followed by the children.
What is an heir?
An heir is someone that inherits from an estate due to being a descendant or relative of the deceased.
If a will is voided who inherits?
If a will is ruled "void" by the court; if there is no previous valid will to fall back on, the estate becomes INTESTATE and the Probate Court determines how the estate is to be divided.
Who inherits a minors estate?
A minor's estate passes first to her parents. For an interactive site with information on various state intestacy laws try the link below.
Who inherits estate when one heir is already deceased?
That will depend on the specific wording of the will. If there is no will, the intestate law will specify how it works.
