If a husband and wife both died in the same year without Wills, who are the legal heir?

The husband died first. There are 3 stepchildren. I am the brother of the husband. Who is the legal heir?

Asked on February 5, 2015 under Estate Planning, Montana


Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 5 years ago | Contributor

If the husband died first, without any natural or adopted children, his surviving spouse would inherit his estate.  After she passed away, her children would inherit her estate, which would include her husband's.  This would change depending on how soon the wife died after her husband.  If it is less than 120 hours, then she would be deemed to have predeceased him.  

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