If a father passes away without a Will, does his second wife get his estate or do his children?

Asked on August 3, 2015 under Estate Planning, Pennsylvania


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

When someone dies without a Will, they die "intestate". Accordingly, the intestatcy (or succession) laws of the state in which the deceased was domiciled at their death will control. Typically an estate is distributed 1/2-/1/3 to the surviving spouse and the remainder to the deceased's children.

Yo can contact a local probate attorney for further advise.

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