Who inherits your property if you die intestate (without a will)?
Posted on | March 16, 2009 | 3 Comments
Separate property –
-
- 1. If there is no spouse – all to children. If there are no children then to parents.
- 2. If there is a spouse -
- a. If no children – all personal property to spouse; one half of real property to spouse, balance to parents. If no parents living and no brothers or sisters or their descendants living, all to spouse.
- b. if children – one third of personal property to spouse, balance to children. Spouse has a one third life estate in real property, balance to children who also get spouse’s share once he/she dies.
Community property -
-
- 1. If there are children -
- a. If all children of the deceased person are children of surviving spouse – all to spouse.
- b. If some children of the deceased person are not also children of surviving spouse – all of decedent’s one half of the community will go to children.
- 2. If there are no children or descendants of the deceased – all to surviving spouse.
- 1. If there are children -
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March 23rd, 2009 @ 7:30 pm
My attorney friend Kurt has a very nice website on this subject see:
http://www.MyStateWill.com
Hope you find it useful.
Bri
March 23rd, 2009 @ 7:40 pm
Thanks. I think that visitors will be able to find out all they need to know about intestacy.
February 19th, 2012 @ 11:23 am
[...] a general rule, if a person dies intestate (without a will), and if there is no “spouse” and no children, the parents inherit all the property. Thus if a gay man dies, without a will, and he had lived with his partner for the last twenty years, [...]