if a person passes and is not married but has a 11yr old child who has rights to his property the mother of him or the mother of the child

my cousin passed away and was not married but has a 11 yr old son ,,who has the
right to his property

Asked on September 5, 2016 under Estate Planning, Indiana


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

Answered 4 years ago | Contributor

When someone dies without a Will they are said to have died "intestate". This means that the law of the state in which they were domiciled as of the date of their death will control how their estate is divided. Under the laws of intestacy, when an unmarried person dies, their estate goes to their children; a parent only inherits if there are no such children.

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