If my dad left no Will, does my stepmom get everything?

They were married 8 years but had no children together.

Asked on August 28, 2015 under Estate Planning, Mississippi


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sorry to hear about your dad.
Since he did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.
Under the rules of intestate succession, the surviving spouse inherits your dad's entire estate.
If there had not been a surviving spouse, you and any other surviving children would have inherited equal shares of your dad's estate.  If there are any deceased children who had children your father's grandchildren, those surviving grandchildren would inherit the share their deceased parent would have inherited had the deceased parent survived.

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