If I was raised by my aunt from childbirth and both my parents are deceased, will I be her heir upon her death?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was raised by my aunt from childbirth and both my parents are deceased, will I be her heir upon her death?
Asked on July 29, 2013 under Estate Planning, Tennessee
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If your aunt leaves a Will, you can be listed as a beneficiary (heir). If your aunt does NOT leave a Will, the rules of intestate succession determine inheritance. Intestate means dying without a Will. Under intestate succession, if your aunt has a surviving spouse, he inherits the entire estate. If there isn't any surviving spouse, the estate is divided equally among your aunt's surviving children which would include you if you have been adopted. If you haven't been adopted, her surviving children inherit the estate. If her surviving children are deceased, their children (your aunt's grandchildren inherit their deceased parent's share). If there are none, but your aunt has surviving brothers or sisters, they would inherit. You would then inherit your deceased parent's share of the estate.
This is only if there isn't any Will. If your aunt leaves a Will, she can designate you to be a beneficiary (heir).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.