Does real estate automatically get passed down even without a Will?

My grandmother passed away without a Will. Her house and property went to her 2 daughters; 1 of whom passed away and had no Will. Does her share of the property automatically go to her husband or does the property belong to the remaining living heir?

Asked on September 14, 2017 under Estate Planning, Virginia

Answers:

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

Answered 3 years ago | Contributor

If your grandmother died without a Will, then she died "intestate". This means that state law controls how her assets are distributed. Typically, it is 1/2-1/3 to the surviving spouse, if any, and the rest to the children of the deceased (if no survivng spouse, the children take all). If the deceased daughter, your sister, died without a Will, then her share may go to either you or her sister's children, depending on specific state law. At this point, you should consult with a local attorney you can best advise you further. 


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