How do I know if my sister’s and I get anything from my mother’s passing?

She left no Will and her husband lives in their house.

Asked on August 2, 2014 under Estate Planning, Florida

Answers:

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

Answered 6 years ago | Contributor

Sorry to hear about your mother.

Since your mother did not leave a will, the rules of intestate succession determine inheritance.  Intestate means dying without a will.

Under intestate succession, the surviving spouse inherits the entire estate.  Your mother's husband inherits her entire estate.  Therefore, you and your sisters inherit nothing.  If there had not been a surviving spouse, your mother's estate would have been divided equally among the surviving children.  You and your sisters would have inherited equal shares of the estate, and if there were any deceased children, who had surviving children, those grandchildren would have inherited the share their deceased parent would have inherited had the deceased parent survived.


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