If the last parent dies with no Will, how do the 3 children divide the assets?

Father is dead, mother just died with no Will. One sibling of 3 living with the deceased mother. Unknown assets besides the house. What happens to assets with no will if no one takes any action of the siblings? Does the house automatically go to the child who lives in the house?

Asked on July 10, 2012 under Estate Planning, New York


david slater / david p.slater, esq.

Answered 8 years ago | Contributor

No. The mother's estate must go to probate and an Administrator must be appointed with authority to pay creditors and distribute the assets.  An attorney is needed. Call me if you need a referral.  Good luck.

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