If father died without a Will do my siblings and I have a right to his assets even though he re-married?

Asked on May 31, 2016 under Estate Planning, Michigan


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

Answered 4 years ago | Contributor

Depending on the state, typically when someone dies "intestate" (i.e. without a Will), both the suriving spouse and children of the deceased share in the estate. The exact spilt varies. That having been said, real estate can be held jointly. If it is and it also held "with rights of survivorship", then the other owner automtically is vested with 100% ownership upon the other owner's death. If it is held as "tenants in common", then the deceased owner's share becomes part of their estate. At this point, you should consult directly with a probate attorney who can best advise you further.

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