If my real dad had no will or the kids not entitled to anything or stepmom gets everything.

My dad had lots of properties at one time . Not sure at time of death.

Asked on April 26, 2016 under Estate Planning, Arkansas


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

Answered 4 years ago | Contributor

Since your dad 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 his entire estate.  Therefore, your stepmother (if she was married to your dad at the time of his death) inherits his entire estate.
If there had not been a surviving spouse, your dad's estate would have been divided equally between the surviving children.  If there were any deceased children who had children, those grandchildren of your dad would inherit the share their deceased parent would have inherited had the deceased parent survived.

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