Who inherits an estate from a man who is widowed and dies without a Will?

He has three living children and 1 deceased child; the deceased child has adult children.

Asked on June 5, 2017 under Estate Planning, Alaska

Answers:

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

Answered 3 years ago | Contributor

When someone dies without a Will, there are said to have died "intestate". Accordingly, state law controls the distribution of their estate. In a case such as this, since there is no surviving spouse, the children of the deceased share equally in the estate. To the extent that a child has predeceased their parent, then that child's children (i.e. the deceased's grandchildren) will inherit their parent's share.


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