What if my parents die without a will?
If your parents die with a will (testate), their property goes to those persons, organizations, or causes named in the will. The law doesn′t require that parents leave everything—or even anything— to their children. Property may be left as the testator chooses.
The only way the will may be ignored and not followed is if it can be proved that the person was mentally incompetent at the time of writing the will. In other words, if you can prove that Uncle Austin was crazy when he wrote his will leaving a favorite Italian restaurant his fortune, the will may be set aside. This is called a will contest.
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If your parents die without a will (intestate), their property follows the laws of the state where they lived. Typical intestate laws provide for the property to be split among surviving family members. Immediate family comes first, with the right to inherit branching out to extended family members. If there are no surviving family members, the property goes to the state.
You′re not excluded from inheriting from your parents if they die while you′re a minor. If you′re named as a beneficiary, you′ll receive what is stated in the will. Most likely, some restrictions will apply on large amounts of money or certain valuables. The money may be put into a trust fund with instructions that you′ll receive part of the fund at certain ages. To help with the business and legal aspects of probate, either the will or a court may appoint an executor, or administrator, of the estate.
If you′re curious about inheriting from your stepparent, most states don′t have laws on the subject. In order for property to pass to you from a stepparent, he or she must have indicated so in a will. Your stepparent can also make a gift of the property to you while alive, thus avoiding the need for a will.
You should also know that property passes both ways—down to you from your parents or anyone else, and up from you to your parents. If you own property and you die intestate, the property will pass to your parents.
MY DAD DIED IN 2003. MY STEPMOTHER DIED IN 2020 SHE HAD NO KIDS. SHE LEFT A WILL TO ONE SISTER ONLY AND THERE ARE 10 KIDS. WHAT HAPPENS TO THE HOUSE.
Dear Dorothy: This website, AsktheJudge.info, is an information resource for & about teenagers and the laws that affect them. As such, we do not provide legal advice to our readers, whether teen or adult. We suggest you contact a local lawyer who practices either probate or trusts and estates law. Sorry for your family loss.
(This is information only – not legal advice).
MY MOM DIED IN NOVEMBER 2019 AND I HAVE 7 SIBLING BUT THE PROBLEM IS WE HAVE A NEFEW LIVING IN HOME AND HE DON,T WANT TO PAY TAXES OR INSURANCE CAN WE PUT HIM OUT THE HOME NOT ALL OF US AGREE BUT 5 OF US DO AGREE THAT HE NEEDS TO LEAVE.HELP NEEDED
Dear Johnny: AsktheJudge.info is an education resource for and about teens and the laws that affect them. We do not provide legal advice to our readers – teen or adult. We suggest you contact a local attorney for advice. Some provide initial free consultations, so ask about this if you decide to contact one. Good luck. -ATJ.info
Hey I’m 18 and my name is Evan I have a big question and it’s very important I’d like to know what options I have can someone help
Dear Evan: Depending on your question, we may be able to provide some information or, at least, lead you to someone who can.
(This is information only – not legal advice).
Parents are in their early 80’s, mom has 3 daughters, dad has 7 children. No will not For lack of trying. They own 5 acres, 1 acre has a house, another acre has a mobile home & the other 3 acres are just land.
One of the children is on the bank acct and also safety deposit box, another daughter lived in the mobile home and choose to move out and away.
Here is my question? Since the daughter that lived in mobile home still receives correspondence there does she get ownership of property? This question pertains to property in Florida.
Dear Maritza: AsktheJudge.info is an education resource for & about teenagers and the laws that affect them. We do not provide legal advice to our readers, whether teen or adult. We recommend you contact a lawyer who practices property law. Some offer free initial consultations. Ask about this if you contact one. Good luck. -ATJ.info
I had askmy mom to get custody of my kids bcuz o wasn’t stabled yet well from the time this court was done n she got custody in may 2015 she died in dec2015 .the father of my kids has never been in there life from time they were born up to now her in the last two ogoimg on three maybe .the kids were visiting the father at the time he had visitation wellmymomdied since had them he was take care of th em he has no job he failed to put them in school didn’t take the kids to Dr they dropped medicaid on them my so. Said his daddy shot him in the ear with a bb gun he had Bob in his ear well before I had got them went to court on Jan 5 2016 as usually my brother as planned him n baby daddy to not pick me up for court I missefdue to no vehicle at the time truck broke down I missed court well still not another said custody there were in his presents at time if accident n start d that due to grandmothers death he take responsibility for the minor children which r two boys n the 5 n 6 yrs old well month later feb2016 the kids daddy was busted with 10 lbs indivially rolled ready to be sold n all went to jail n all I ended up with my kids got them in schhol back on medicaid n all due to my oldest kid he failed school had two repeat well having them taking care if them n all I put out n all the things my kids said he done to them n all the promised them I wouldn’t let there dad get them all of sudden no contact no nothing from him this whole time decide to go to tx courts get the old custody papers n bring the over the state line to Louisiana to the school n take the kids n. I did not get contacted about it or anything not only mind u he just got out of jail out on Bond in august he ain’t try find out anything on these kids n now there gone idk where there at I filed child support n all n tanf I get it all what can I do asap
Dear Dreama: We are an education resource for & about teenagers and the laws that affect them. As such, we do not provide legal advice to our readers – adult or teen. We suggest you contact a local attorney who practices family law for advice. Many lawyers offer free initial consultations, so ask about this if you call one. Good luck. -ATJ.info
Both my parents just died unexpectedly 3 weeks apart with no will I live in the their home but it’s owned by the bank still and I have bad credit and I qiut my job to take care of my mom.
Dear Christopher: We’re sorry to hear about your parents. AsktheJudge.info is an educational site for and about teens and the law. We suggest you contact a local probate attorney who will be able to provide information based on the laws in your state as well as the specific facts and circumstances. Many attorneys offer a free initial consultation. You can ask about this when you contact one. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Hi, both my parents died in the 90’s. i’m living in the family house and my sister at the back. it’s a difficult situation as both of us is married. we want to buy them out by buying the house. How do we go about doing this. who must we go and see and what must we do. CAN YOU PLEASE HELP ME…
I stay in South Africa.
Dear Grissie: As an education website for teenagers about the laws that affect them, we don’t provide legal advice to our readers. We suggest you speak with a local attorney who practices property law. Good luck. -ATJ.info
My mother died 4 years ago and i believe my sisters name was on the joint account, but i am not sure about her having iras and cds. How do i find out if there was any assets that i may be able to have been able to have half of. My sister did not give me a cent.
She told me, i got half of my mothers death benefits, 10 years before she died when i need help with my foreclosure which was not true. I hate my sister. How much does it cost to investigate my mothers worth at the time of her death? Thank u and god bless you!!!
Dear Teresa: We are an education website for and about teenagers and the laws that affect them. As such, we don’t provide legal advice to adults or teens.
We suggest you contact a local lawyer who specializes in trusts and estates or probate law. Take a look at our Resource Directory for professionals in your area:
http://www.askthejudge.info/directory
(This is information only – not legal advice).
My dad passed without a will. At the time he passed he was living with his son that abused him. The son thinks because he has lived with him all of his life and took care of him but really never did. Anyways he thinks that every thing he left behind belongs to him and won’t give any of the other family members anything. He didn’t have much and all we are asking for is our personal pictures and at least one think we have given to my dad. What can we do get at least get our pictures?
Dear Cindy: AsktheJudge.info is an education site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with a local attorney about your rights in this situation. Many offer free initial consultations. Ask about this if you call one. Take a look at our Resource Directory for lawyers in your area. Good luck.
(This is information only – not legal advice).
what if parents die but leaves property and still owes a lot of money on it and no will
Dear Douglas: Ultimately, you have to look to the laws of your state concerning the passage of property when there is no will. Generally, it’s divided up amongst surviving family members and may pass down to immediate family first. However, if the property is not fully owned, then any potential family members who would inherit such property need to find out if they can continue to make the payments on the property and become the new “owners” on the mortgage, etc. For the specific laws in your state, try Googling your state’s name and “intestate succession laws.” Good luck.
(This is information only – not legal advice.)
My parents died recently and left no will. I have myself, the oldest, and 2 younger brothers left. Who does the house legally go to in the state of Arizona?
Dear Lisa: AsktheJudge does not provide legal advice to adults or teens. We are an educational site for & about teenagers and the laws that affect them.
Arizona has laws regarding the passing of property when someone dies without a will. These are called intestate succession laws. You can read them at the library – ask a reference librarian for help finding them. You could also contact a lawyer to advise you of your rights. Some offer an initial free consultation. Ask about this if you call a lawyer. Good luck.
(This is information only – not legal advice).
I grew up a only child. I know it should fall to me ,but I have a half brother whoo never lived with us. My mothers first child who she did not raise.She says he is her son too. How should it be split? He was raised by our grandmother.My parents let him live with them for the past 2 years what is he intitled to.
Dear Chris: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest you contact a lawyer who practices probate law or deals with trusts and estates. Good luck.
(This is information only – not legal advice).
WHEN Y FATHER DIED, MY MOTHER GOT THE PROPERTY. AFTER MY MOTHER DIED MY BROTHER AND SISTER SHOULD HAVE SPLIT THE PROPERTY 3 WAYS.BUT MY BROTHER LIVED ON THE PROPERTY AND NOW HE DIED @ HIS WIFE LIVES THERE.WHAT WRIGHTS DO I AND MY SISTER HAVE. THERE WAS NO WILL AFER OUR PARENTS DIED.
Dear Abe: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. We suggest you speak with a lawyer who practices probate and estates law in your area. Good luck.
(This is information only – not legal advice).
When no will is written of the state of North Carolina.
Q:
>Does the spouse of the deceased get everything; even over the rights of the children who are the parent legal blood line ?
And what are the rights concerning step -children in the matter of ‘no will written’? Same state, NC.
Thank you and God bless, Mr. Miller
>Or do the children get items from a parents death
Dear Mr. Miller: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with a lawyer familiar with wills and estates and the laws of North Carolina. Good luck.
(This is information only – not legal advice).
What can a person do if their father dies and had no will? Also there is a blood sucking sister who when the mother got sick and had to go into a home she had the mother taken off the deed to the house (so not to show she owned a home) and added herself. Now the father died and she is trying to take everything and leave her younger sister nothing.
Is there any recourse at all? If anybody has any helpful advise please let us know. Thanks
Dear Mike: Askthejudge is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. We suggest you speak with a probate lawyer about this situation to assess your rights under the laws in your state. Good luck
(This is information only – not legal advice).