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As I am not an attorney, nor in the legal profession, this will be a layman's answer, until a professional improves it. The laws governing Probate [the process of settling the just debts of a deceased's estate, and distribution of the remaining assets to legally qualified beneficiaries] are different in each state, and are governed by the Probate laws or statutes of the state in which the deceased had legal residence at the time of death. Generally, when a person dies Intestate [without a legal will], most state laws divide the deceased's assets[after paying all just debts of the deceased] between the legal spouse and the legal children of the deceased. In community property states the spouse already has half of all the assets of the marriage, and is entitled to half of the deceased spouse's half. The remaining half of the deceased's interests, are divided as equally as possible among the qualified children. Again, I remind readers of this answer that I am not an attorney, nor in the legal profession, so it is imperative that you consult an attorney, preferably well experienced and qualified in Probate Law, before making any decisions. ==Additional Information== Click on the link provided below and choose your state. Then click on "Read the Law".
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In North Carolina if you die without a will who inherits?
http://www.carolinafamilylaw.com/will_nowill_property_distribution.html
Is my sister entitled to part of my estate when I die if I am married with no children?
Make her your beneficiary and put her into your will to make sure she inherits what you want
Does there have to be a will?
No, many people die intestate, meaning without a will. Each state has Intestacy Laws that specify who inherits if there is no will.
What is it called when you don't have a will?
If you die without a will, it is said that you die intestate. In these cases, the courts will appoint an Administrator of your estate. They will be repsonsible for deciding how your estate is disposed of.
Are you liable for unsecured debt if you die in Florida?
A dead person in any state is not liable for debt. The deceased's estate is responsible for the debts to the extent there are assets in the estate to pay them.
If you die without any estate do your debts die with you?
Generally, yes. If the decedent left no assets their creditors are out of luck.
What happens to your money when you die in the UK?
If you die without having any relatives, and have not left a will - your estate goes to the treasury.
What do you have to do legally when you die?
You don't do anything, you're dead. Someone else issues a death certificate and decides what to do with the body. Final bills are paid and the estate, what you owned is given to the person or persons entitled to it. This is done with a will and if there is no will, the state will decide who inherits it.
Can a parent die without leaving bilogical children anything?
Yes. If there is a will and the children are not included, they're not included. If, say, a husband/father dies without a will and wife remains, wife inherits all whether she is mother of husband's children or not.
What is the definition of intestate?
Without having made a valid will; without a will; as, to die intestate., Not devised or bequeathed; not disposed of by will; as, an intestate estate., A person who dies without making a valid will.
Who inherits if all members of a nuclear family die at once?
The state probate court will continue on down the family tree to determine the next eligible inheritor. If none is found the assets of the estate are held by the State for a statutory length of time - if not collected within that time, the estate's assets revert to the State. If the parents and all their children - minors- die who WOULD be a next eligible inheritor? Added: See discussion page.
If I die and did not have a will but my wife had a will would my children get my share of our estate?
Your wife's will has nothing to do with your death - if you don't have a will, you will be subject to the intestacy laws of your state, which will determine who gets what. Now, if you die without a will, your wife will get the lion's share of your estate, so that when she dies, what was yours that became hers becomes part of her estate. If you're at all concerned about what is going to go to your children, call an estate attorney and draft a will.
