Husbands father passed away 2 seeks ago with no Will, There are 2 children ,but sister is taking everything over and said he gets nothing.

My husbands father passed 2 weeks ago. He had no will.And the sister
took everything over.She didn’t include him in any decision making.Now
she’s saying he gets nothing.But there is 2 old cars,1 acre of land
That the father wanted him to have,they talked about this a lot when he
was alive a big coin collection, and insurance policy’s..Is this legal
to just leave him out..

Asked on March 19, 2017 under Estate Planning, Virginia

Answers:

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

Answered 3 years ago | Contributor

When somone dies "intestate", that is without a Will, the distibution of their estate is dictated by state intestacy law. typically, if someone dies without a survivng spoouse, then their entire estate goes to their children. This means that both your husband and his sister are the sole heirs, therefore they should split his father's estate 50/50. At this point, he should consult directly with a local probate attorney.


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