If my husband and I die in a accident without a Will, what would happen?

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If my husband and I die in a accident without a Will, what would happen?

We have 3 adult children.

Asked on June 27, 2012 under Estate Planning, Idaho

Answers:

Mark Petersen / Snake River Law PLLC

Answered 11 years ago | Contributor

A probate (informal or formal) would have to be opened by someone. A personal representative would them be appointed to finalize the affairs of your estate. Once all debts and other claims are paid, any residual assets would pass by intestate succession to your children in equal shares. If one of them is deceased, their share would pass to their children (if any). If a deceased child has no children then their share would revert back to the surviving children.

I highly recommend that you prepare at a minimum a will and other estate planning documents. Without these documents you run a risk of going through an expensive probate proceeding and causing significant stress to your children.

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

Answered 11 years ago | Contributor

The rules of intestate succession determine inheritance when there isn't any Will.  Intestate means dying without a Will.

Under intestate succession, your three children would each receive 1/3 of the estate left by you and your husband.  If a child predeceases you, but has surviving children (your grandchildren), the grandchildren would receive their deceased parent's share of the estate left by you and your husband.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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