If my father passed away 16 years ago and his current wife just died, my siblings and I entitled to any of the estate?

There was a small settlement on some of my father’s holdings 16 years ago.

Asked on August 28, 2014 under Estate Planning, Delaware

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss. I am assuming your Dad dies without a WIll.  That is called "intestate." Under stand that only assets that would have passed through your will are affected by intestate  laws and that generally means only assets that are owned alone and not jointly with another. Any assets jointly held by your Father and his wife went to her automatically at the time of his death. Any assets that were part of his separate estate pass in Delaware as follows:

  • spouse and at least one descendant from you and someone other than that spouse
  • spouse inherits 1/2 of your intestate property, plus the right to use any intestate real estate for life
  • descendants inherit everything else

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