When did my mother die without a will?

Q: My mother died on 1/6/11 and not made a will, she had no property, owes nothing and has £2700 in bank account. Can I still draw on this and maybe share with my brother and her grandchildren?

Do you have to pay your mother’s debt after her death?

Simply put, if you are a cosigner on any account with your mother, your responsibility to pay the debt survives her death. Community Property Exception. In community property states, the responsibility to pay your spouse’s debts continues after the death of one spouse as well.

What happens to my mother’s estate if I have no parents?

If no parents are alive, then the estate passes in equal shares to you and your siblings. If your mother was single with children, then the estate would pass in equal shares to the children.

Do you have to file for probate when your mother dies?

Through probate you will be able to resolve these issues, and get clear title to the property to sell it. What I hear is your mother died unmarried, without a Will, with her home in her own name, and with six children. You ask “Are we required by law to file for probate?” No – the law does not require a probate to be filed on death.

What should I do if my mother dies and has no will?

If your mother was single, then you and your siblings as well as any surviving parents (if only one parent died), will receive your mother’s assets. If no parents are alive, then the estate passes in equal shares to you and your siblings. If your mother was single with children, then the estate would pass in equal shares to the children.

How long has it been since my mom died?

When I find myself getting mysteriously emotional, it’s usually around this time of year. Me and mom. College graduation weekend. This week marks five years since my mom passed away. To say we were “close” is an understatement.

What did my mom inherit when her mother died?

Her portfolio, however, wasn’t doing as well. In 1974, when her mother died, Mom had inherited a modest bundle of blue-chip stocks. Largely untouched, and with 40+ years of compounding, they’d grown to the point where some of the positions were more than 90% appreciation.

What to say to a father who passed away?

Message for Father who Passed Away. Dad, not a day passes by without something or someone reminding us of you. Your death has left us bereft and this void can never be filled. We miss you greatly. Daddy, I cherish precious memories of you and find strength in knowing that even though you are gone you still live on in our hearts forever.

Are there Missing you messages for fathers who died?

I Miss You Messages for Dad Who Passed Away: No matter how old a person gets a father is always special in their lives and when someone loses their father to death there is a big void left.

What happens when a father dies without a will?

Children’s inheritance rights are determined by state laws when there is no will. Therefore, a child may receive far less or much more than the father intended if the father died without a will. Most states give preference to surviving spouses and children when a father dies without a will.

What should I do if my mom died without a will?

Since there is no will, you will need to bring a petition under the laws of the state where mom died (or where she owned assets) asking the court to appoint you as Personal Representative (or Administrator) of the estate. This is called an intestate estate, which means mom or dad died without a will.

Why does my mother refuse to let me see my father’s will?

I have never seen it and have been told many times that it is none of my business. My cousin (who is mature and not one to stir) has told me that, a month or so before he died, my father told him that I have a trust fund. My mother denies this and says I haven’t been left anything. I’m not sure how to go about this.

If no parents are alive, then the estate passes in equal shares to you and your siblings. If your mother was single with children, then the estate would pass in equal shares to the children.

What happens if a person dies without children?

If the decedent was married and had separate property but never had children or was not survived by children -then the surviving spouse will receive ½ and the other ½ will be distributed as described above – ie to the parents; siblings; nieces and nephews; grandparents; etc.

What happens if there are no surviving parents or siblings?

if there are no surviving parents, to brothers and sisters or to their children if they died while the deceased was still alive if there are no grandparents to aunts and uncles (or their children if they died while the deceased was still alive)

What happens to a child if a parent dies without a will?

Thus, a parent cannot leave certain marital property to a child because the surviving spouse is entitled to a portion of the marital estate. A Child’s Rights if There Is Not a Will. When a parent dies without a will, a probate court applies the state’s default laws of intestate succession.

What happens if there are no surviving children or grandchildren?

If there are no surviving children, grandchildren or great-grandchildren, the partner will inherit: all the personal property and belongings of the person who has died and the whole of the estate with interest from the date of death.

Do you need probate if your mother died in England?

thx A: I assume your mother was English or Welsh and died in England or Wales. If her total assets were valued at under £5,000 then – in theory – a Grant of Probate is not required and the estate can be distributed according to the Rules of Intestacy.

What to say to a mother who passed away?

I Miss You Messages for Mom Who Passed Away: Having a mother in life is a true blessing that we enjoy. However sometimes we take things for granted thinking that we will have our moms with us forever. Reality soon sets in when we lose this wonderful woman that gave us life and has been a guiding force in so many of our decisions.

How long did my mother work before she died?

Normally, the Social Security Administration requires 10 year of work to qualify for benefits. If your mother passed when she was very young, you may qualify for benefits based on her work record if she worked 1 1/2 years during the three years before her death.

What happens to your mother’s estate when she dies?

If your mother owned property solely in her name when she died, the family will have to go through a court-supervised process to wind up her affairs called probate.

What happens if a person dies without a will?

If the decedent had a will, it probably named an executor who is in charge of carrying out final wishes and distributing property. If the person died without a will (also known as “intestacy”), state law typically provides a list of those who could serve in this capacity.

What happens to my mother’s estate when she dies?

If your mother had a spouse at the time of her death, then the distribution of her estate depends upon the ownership and titling of her assets. Generally, the majority of her assets would pass to her surviving spouse. Children or grandchildren may inherit a smaller share.

What should I do if my mom has no will?

If, however, there is an asset in mom’s name alone, such as a home or a bank account, probate will be needed for that asset. Since there is no will, you will need to bring a petition under the laws of the state where mom died (or where she owned assets) asking the court to appoint you as Personal Representative (or Administrator) of the estate.

When did my mother leave me the House?

Three years ago, my mother died suddenly, and I inherited her home and all its contents. The day after she died, one of my brothers threatened to sue me for his share of the inheritance.

What happens if someone dies without making a will?

If someone dies without making a will, they are said to have died ‘intestate’. If this happens, the law sets out who should deal with the deceased’s affairs and who should inherit their estate

Q: My mother died on 1/6/11 and not made a will, she had no property, owes nothing and has £2700 in bank account. Can I still draw on this and maybe share with my brother and her grandchildren?

How old was my mom when she passed away?

She came to my house through Hospice on Friday June 13. She passed away on Monday June 16, 2014. I was able to pray over her, pamper her and play her favorite gospel hymns. It was the greatest honor to be able to care for her in her final days. My parents celebrated their 54th anniversary New Years Day 2014.

How old was my mom when her brother died?

My parents celebrated their 54th anniversary New Years Day 2014. Which was also the 9 year anniversary of my brother’s death. He died of AIDS and he suffered a very long slow death. My mother cared for him in her home. Watching her own son die a little each day for over a year.

What happens if a person dies without leaving a will?

When a person (non-Muslim) dies without leaving a will, he is said to have died intestate. Sometimes, even if a person has a will, the will may not be properly drafted and certain assets are left out of the will. These assets will fall into intestacy.

If someone dies without making a will, they are said to have died ‘intestate’. If this happens, the law sets out who should deal with the deceased’s affairs and who should inherit their estate

Can a stepfather inherit a house if there is no will?

If there was no will, your stepfather will probably inherit the house. However, depending on the state you live in, you and your brother might have some claim to it. Check with an attorney who is familiar with the laws of the state in which the property is located. * This will flag comments for moderators to take action.

Can a mother leave one of her children out of a will?

If one of the children has died, their children share that person’s share. There is no scope to rule one or more of your mum’s children out of the will, nor is there any provision to give one child (you) a greater portion to reflect your special position and your care for your mother in her final years.

What happens if a mother dies without a will?

Some courts have held that there is an equitable trust imposed on the estate… What I hear is your mother died unmarried, without a Will, with her home in her own name, and with six children. You ask “Are we required by law to file for probate?”

What happens if there is no will or probate?

If the decedent died without a will but had assets, those assets cannot be lawfully distributed without the probate process determining the appropriate priority of inheritance through the state’s intestate succession laws. If probate documents are not filed, heirs may not receive what they are legally due and could sue.

Can a child inherit property from a deceased parent?

In that case, the child may have a right to inherit property under state law. In some cases, a parent may leave a child more property than is allowed under state law. For instance, marital assets are equally owned by both spouses in a community property state.

Why did my mother leave me nothing, when she died?

I miss my mom a lot & love her much, but I just wish she would have talked to me about it. : ( I have never been so devastated in my life, nor felt more abandoned and betrayed as I do now. My mom died Dec 12. She had been sick for a long time but nobody saw her death as imminent.

When did my sister’s mother pass away from cancer?

Left Will. Sibling will not reveal contents. Sibling did not inform other siblings when Mother passed. Can we? My mother passed away the first of October of Cancer. We just found out in Late November through an distant relative.

What did my mom leave in the will?

His wife then tells me that my mom left them the house and everything in it, and her car. I had her wedding ring on a chain and was wearing it. She came to me hand out, and said my mom had left my brother her wedding ring also, that it was in the will.

When did my mom and stepfather pass away?

My mom & stepfather passed away in January in a mobile home fire & soon as I got the call, I drove straight up there (17 hours) all night & when I got up there, I went to the mobile home first & then tried to figure out what to do as far as expenses for burial, so I called her lawyer & he told me to contact the probate lawyer downstairs.

What happens if there is no money in my mom’s account?

So the money in your mom’s account must first go to her creditors. If there is anything left, you get it. If, however, there isn’t enough money to pay off your mother’s creditors, you are not responsible for any unpaid balances—unless one of the above exceptions applies.

How did my mother die with no will?

She died intestate. She was not married at the time of her death. She was on Social Security & may possibly owe money to the state for previous financial assistance. One of the family members lived with her prior to her death and now claims the house should go to him.

Who is responsible for the bills that belonged to my mother?

My mother recently passed away and has no assets, trust or will. Are her children responsible for her bills (medical, ambulance, credit card)? I have only notified her creditors of her death and she has received bills from creditor that have turned it over to legal departments and probate departments.

What happens to my mother’s assets when she dies?

Generally, the majority of her assets would pass to her surviving spouse. Children or grandchildren may inherit a smaller share. If her children are not the children of that spouse (i.e., step-children to the spouse), then half of her assets would transfer to her spouse and the other half would transfer in equal shares to her children.

Can you transfer your late parents title to Your Name?

Don’t transfer your late parents house title to your name Wait! Don’t transfer your late parents house title to your name Q: Mr. Jones, my mother and father both passed away last year. They were living mostly on Social Security and didn’t have much except their small house that was bought and paid for.

How to get property in your name after your parent has died?

In most cases, the estate will have to go through the probate process before you can officially get the property in your own name. Check the Will . Whether or not you’d get property in your name upon the death of a parent depends on the will. If you were left the property, or if you co-owned the property with the deceased,

Can a parent leave property in Your Name?

Check the Will. Whether or not you’d get property in your name upon the death of a parent depends on the will. If you were left the property, or if you co-owned the property with the deceased, you’ll have a good chance of being awarded the property when the estate’s assets are distributed.

What happens to a house if someone dies without a will?

If a person dies without a will or testate (with a will) then the real estate passes directly to the heirs at law or directly to the beneficiaries under the will. For example: A single parent passes away leaving behind her two children. The house has been left equally to both siblings.

Do you have any rights to your mother’s house?

Quite possibly, if she died without a will or trust and the property is in her name alone. * This will flag comments for moderators to take action. If mother “owned” the home with step-father, as husband and wife, or “tenants by the entireties” then the house is his and you and your brother have no rights.

What happens to a deceased mother’s house in Missouri?

In Missouri, if your mother has a will, then her assets go by the terms of the will. If she does not have a will and the house is in her name and her deceased husband’s name, then the intestacy statute has the estate going 50% to her husband and the remaining split between your mother’s children.

What happens when one spouse dies in a co-op?

With that form of ownership, each spouse owns 100 percent of the property and the right to possess the entire premises. So when one spouse dies, the survivor automatically becomes the sole owner. Ownership of a co-op, however, is ownership of stock in a corporation — and securities are personal property.

Can a husband and wife own a co-op?

Ownership of a co-op, however, is ownership of stock in a corporation — and securities are personal property. In New York, Mr. McGaughey said, a husband and wife could not take title to co-op shares as tenants by the entirety until a state law was passed in January 1996 allowing them to do so.

Can a inheritor of a co-op live in the unit?

A board might require the inheritor to live in the apartment, prohibiting subletting. They are interested in owner occupants, not investors. In one case described in a New York Times article, a co-op board required that the inheritor of a unit to sell another co-op he owned and to live in the unit, to approve the transfer.

What did my mother in law do for me?

You were the truest, dearest, mother-in-law I could ever have asked for. I called you a friend, adviser and also a mother. You stood by me 10 years after my mom passed on. You were a precious gift from God, So much beauty, grace, love and patience you possessed.

What should I say at my mother in law’s funeral?

Below are sample tributes to help you pay your last respect to your mother-in-law on her funeral. Sample Eulogies / Tributes to Late Mother-in-Law. My dear Mother-in-law, You were the truest, dearest, mother-in-law I could ever have asked for. I called you a friend, adviser and also a mother. You stood by me 10 years after my mom passed on.

Can a deceased person leave property in Your Name?

If you were left the property, or if you co-owned the property with the deceased, you’ll have a good chance of being awarded the property when the estate’s assets are distributed. This isn’t a sure thing in all states, however, particularly if the will was created without the benefit of legal advice.

How does title pass from mother to son?

If the mother included the property as part of a living trust, title will pass on through an informal process. More commonly, however, the property will be included as part of the person’s estate.

Who was cut out of his mother’s estate?

Bill Sutcliffe, 74, from Nottingham, here with wife Veronica, was cut out of his mother’s estate when she died My father Alexander had cancer for four years before he died, and I spent that time looking after him in the family home – the house in which I’d been born and had lived all my life.

Can a dying person see their dead mother?

The dying are often visited by their dead mothers. Their hands often reach up toward a force that can’t be seen. Family members and friends of the dying can’t see their visions or participate in conversations. Visions often occur hours to weeks before they die.

How old was my mother in law when she died?

When my mother-in-law Dorothy died in May this year at the age of 95, my husband Bill and I discovered to our astonishment that she’d left the family home in Derbyshire to his three siblings (an elder brother and two younger sisters), and had effectively cut him out of her estate.

How did I feel when my mom passed away?

My mom has passed away… I cried and grieved. The pain and heartache of losing her is numbing. Even though I am aware that she is ill, the hope of her recovery burns bright in front of me. Any age will not prepare me for the time of her demise.

What should I do if my mom died on March 19?

If mom died on March 19, you should gather up all of the financial statements that cover the entire month of March. Date of death values of assets will be needed for probate and estate tax returns.

What happens to my mother’s bank account if she dies?

My understanding: If you can write and sign checks alone with one signature, you have legal access to the funds. If it took signature from both of you, this account will be frozen. Call the bank. I think you should be able to keep accessing funds in this account. Your mom sounds grand. .

How did my mother set up a bank account?

Anyway, this was several days after he passed away, and they did not let me (random person off the street with no account and a different last name so no useful ID) do this for her, but they did allow her to do it quite easily, IIRC maybe even over the phone and/or helped her set up online banking and do it from there.

What to do about sibling’s actions with parent’s bank?

On my mother’s behalf, I intend to apply for either a Power of Attorney or if not appropriate to be a Deputy via the Court of Protection to look after her affairs but in the meantime I need to ensure that the same thing isn’t happening to my mother’s accounts. Has anyone else had issues like this with a sibling?

Who are the beneficiaries of my mother’s will?

My sister and I are the only beneficiaries of the will, but she refused to give me a copy of it or tell me what the final accounts were. When I didn’t sign the official renunciation of my executorship, she reluctantly sent me a copy of the will and two old savings accounts of my mother’s, with the account number blanked out.

What should I do if my mother has no will?

My Mother Died & Has No Will; What Do I Do Next? 1 Appoint an Executor. When there’s no will, there’s no named executor. An executor is a person designated by the… 2 Decide Who Inherits Property. State law governs who inherits property when someone dies intestate. Typically,… 3 Meet Survivorship Requirements. More

Why did my sister use my mother’s bank card?

Also, I have evidence that my mother’s bank card was used several times after her death. Your sister does not seem to have been transparent in her dealings with you. She may have acted to purposely defraud you, thinking you were out of the way, or else circumstances may have meant that things got out of control and now she can’t admit it.

How did I feel when my sister died?

Still, she was my sister. Our shared memories were part of me, part of my history, part of what made me who I am. I didn’t have to think about her to love her. You don’t expect your sister to die when you’re both still young.

When did my sister put her mother into a home?

There were various monthly outgoings to my sister and her daughter and a shortfall of £44,000 from the house sale, which seems unaccounted for. My sister put my mother, who had dementia by then, into a home in about March 2012, but money was still coming out of her account as well (not just for the home fees).

How can I get my Sister out of my inheritance?

Otherwise, you could either instruct a lawyer ( actaps.com) who specialises in wills, write a letter to your sister yourself, either requesting a meeting to ask for this information, or ask for it in the letter. Your sister may feel you left her to look after your mother and that she is entitled to the money.

Why did my mom change her will after his death?

Upon his death everything went to my mom. Upon her death everything was to be divided equally between the 3 siblings. It is our belief that he prompted her to change the will leaving everything to him, which she did. What if anything can we do? This question has been closed for answers.

What happens if a person dies with no will?

If A has left no will – He has died intestate in respect of the whole of his property. A has left a will, whereby he has appointed B his executor; but the will contains no other provisions- A has died intestate in respect of the distribution of his property.

What happens to a husband’s estate if there is no living parent?

Only if the deceased husband leaves no living issue (issue are descendants of all generations – children, grandchildren, etc.) and also no living parent, does the wife receive her husband’s whole estate.

What happens if a husband dies without a will?

If the husband made a will before he married, then the surviving spouse will receive the share of the estate to which she would have been entitled if the husband had died without a will, unless the will gives her a larger share, or unless it appears from the will that it was made in contemplation of the marriage.

Can a child inherit half of a deceased spouse’s estate?

In community property states, the surviving spouse generally receives the deceased spouse’s half of the estate. In these states, a child is not entitled to inherit any property.

What did my mother leave to my sister?

My mother who died last year left behind a trust with rental properties, cash and investment accounts to all of her three children in equal amounts. My sister was left as executor but immediately joined with another sister to start controlling our mother’s assets.

What should I do if my sister has taken over my mother’s estate?

Your sister must answer to everyone else and must make decisions that benefit everyone, “not just herself at the expense of others,” Minker says. The time to act is now, and not in six months from now when your sister has plundered your mother’s estate.

What happens if a widow dies without making a will?

If a widow or widower dies without making a Will, leaving children, the children inherit equally. If the widow or widower also had a child or children who predeceased them, and that child has children, those grandchildren take the share that their parent would otherwise have taken, had they been alive.

What happens if your brother or sister dies and you have no will?

If a brother or sister has already died, their children (your nieces and nephews) will inherit their share of the estate. If there are none of the above, your half-brothers and half-sisters will inherit your estate. If a half-brother or half-sister has died, their children will inherit their share of the estate.

What happens to my mom’s estate if there is no will?

If there is not a will, then her estate will pass in accord with the intestate succession statutes. Under these statutes, your mom’s step-children are not entitled to any of her estate, unless she adopted them. Again, seek counsel asap. * This will flag comments for moderators to take action.

What happens if my mother dies without a will?

If your mother died without a will, the intestacy laws of the state she resided in at the time of her death will determine who gets what. If there are both a surviving spouse and surviving adult children (either by birth or by legal adoption), the estate is split between them.

What happens if there is no surviving spouse?

Survived by descendants and no spouse: When there is no surviving spouse, the deceased person’s descendants will inherit the entire probate estate according to per stirpes.

What happens to an estate if there is no will?

Intestate laws in the state the person resided determine who the heirs of the estate are and how property from the estate is divided among them. Children’s inheritance rights are determined by state laws when there is no will. Therefore, a child may receive far less or much more than the father intended if the father died without a will.

Can a mother exclude her husband from a will in Michigan?

I say MIGHT, because the spouse is able to “elect against the Will,” under Michigan law. That means that it is not possible for your mother to exclude her husband with a Will.

Can a baby be born if the mother dies?

If the woman is at a hospital and the baby is still alive when the mother dies, the baby may be surgically delivered to try and save it. That has to happen within maybe 5 minutes if the mother’s heart stops, otherwise the baby dies too. And there’s still some chance the baby may not make it.

Can a parent get custody after a parent dies?

If there are no provisions in a family law court order for parenting post death of a parent, then, if it becomes likely a parent will die, the parents need to have a discussion about who will get custody if a parent dies, as difficult as that might be.

What happens if my sister dies without a will?

The answer depends on the law of the state where your sister died. Most states have “rules of intestacy” that say who gets the assets of a person who died without a will. Most states follow the same general system of the closest “next of kin.”

What happens when a person dies without leaving a will?

When a person dies without leaving a valid will, their property (the estate) must be shared out according to certain rules. These are called the rules of intestacy. A person who dies without leaving a will is called an intestate person.

What happens to a father’s estate if there is no will?

Most states give preference to surviving spouses and children when a father dies without a will. The children’s inheritance rights vary according to state law. Some states leave the entire estate to a surviving spouse while other states may leave one-half or one-third of the estate to the spouse and the rest to the children.

What are my rights from my deceased mother’s?

If there are minor children their share is often put into a trust for safe-keeping Surviving step-children usually don’t get anything. Any property that your mother inherited before she married belongs solely to her unless she lived in a community property state and the surviving spouse contributed to pay taxes, maintain the property, etc.

Who is entitled to inherit from my mother’s estate?

Distant relatives may inherit property, but only when close relatives don’t exist. If your mother was single, then you and your siblings as well as any surviving parents (if only one parent died), will receive your mother’s assets.

Three years ago, my mother died suddenly, and I inherited her home and all its contents. The day after she died, one of my brothers threatened to sue me for his share of the inheritance.

What to do if your husband dies and Your Name is not on the House?

If your husband died and your name is not on your house’s title you should be able to retain ownership of the house as a surviving widow. If your deceased husband left the house to you in a will the transfer of ownership is a simple process.

Can you live in your mother’s house after she dies?

If you don’t probate your mother’s will, her house will remain in her name even after her death. This doesn’t mean that you can’t live in it or otherwise make use of the property, but you won’t own it.

How can I clear title to my mother’s house?

Ask a lawyer – it’s free! It appears to me you will need to file for probate of the estate. If the house is in your mother’s name, then neither you and your siblings, nor the other family member, will be able to clear title to the property. Through probate you will be able to resolve these issues, and get clear title to the property to sell it.

Can a house stay in your name after you die?

Her house can’t remain in her estate indefinitely because the estate closes when the probate process is completed. Her property never actually goes into the estate’s name per se because the estate isn’t a permanent legal entity. The house is in her name and if it stays that way after her death, this may cause you some problems down the road.

What did my mother leave me in her will?

Mothers are human, ater all, and some aren’t good at hiding their favoritism (even in death). I have discussed my mom’s will and wishes with her at length (oldest child, most frequent caregiver) and I know that she plans to leave something to me and to my sister (youngest) and to my sister’s children.

What happens if my sister dies with no will?

– Legal Answers – Avvo My sister died with no will.no children, no husband no parents. 2 sisters survive her. 3 brothers and 1 sister died. do the 2 surviving sisters inherit all or is it divided with the surving nieces and nephews?

What happens to your mother in law’s house when she dies?

The trust of the property commences on your mother-in-law’s death and from that point onwards, the trustees of her will are responsible for the property.

What happens to my mother’s estate after her brother dies?

My mother does have a will that provides for equal distribution to her children, however after my brother’s death, she intends to amend the will to leave her estate to her surviving children. Ask a lawyer – it’s free! I agree with the other answers provided.

What happens if a spouse dies without a will?

The estate of the spouse who died testate will pass according to the terms of the will, while the estate of the spouse who died without a will would pass according to the intestacy statutes. Does the state automatically start the process on distributing the assets if there is not will?

What did my mother leave in her will?

My mother recently died and I was shocked to discover that she left her entire estate to a local charity, despite the fact that I own next to nothing. I had sadly lost touch with her a few years back but I am a single mother of two young children.

What are the rights of a child when a parent dies?

However, because children are generally considered “interested persons,” they may have a right to contest their parent’s will in certain circumstances. Also, if a parent died without a will, children may have rights to property as heirs under state law.

What happens if a person has no assets?

Add up the positive and negative amounts to determine whether the person actually has no assets. Any creditor that has a lien on an asset, such as a car or a house, will require that the asset be sold to repay the debt. Other creditors are out of luck.

What happens if an elderly person has no assets?

Often, elderly people live on Social Security and no longer own a home, leaving them with little to no assets to pay for their funeral costs or pass on to their heirs. If they have debts, this can leave the executor of the estate in a tricky situation with creditors, as well.

What did my father do after my mother died?

My mother died a few years ago. My parents were legally separated and my father had been living abroad for some time. Shortly after my mother’s death he contacted me to say that, as they never divorced, he was entitled to a share of the family home.

Why did my father remarried after our mother died?

Dad remarried after our mother died. There was only my brother and I, both married with families of our own. Dad promised us at the time that his second marriage would not change our inheritance. He had inherited the remnants of our mother’s business.

How is the estate divided when a father dies?

Some states leave the entire estate to a surviving spouse while other states may leave one-half or one-third of the estate to the spouse and the rest to the children. The children then divide the remaining portion of the estate equally.

What happens to the estate if there is no will?

The estate is distributed as follows: to surviving children in equal shares (or to their children if they died while the deceased was still alive) if there are no surviving parents, to brothers and sisters or to their children if they died while the deceased was still alive

If your mother owned property solely in her name when she died, the family will have to go through a court-supervised process to wind up her affairs called probate.

What happens if a parent dies without a will?

This is called an intestate estate, which means mom or dad died without a will. The beneficiaries will then be determined by state law, which dictates who inherits the money.