If my mother-in-law passed away without a Will and was survived by her son and my daughter, who’s entitled and in what part to her estate?

My wife passed away years ago.

Asked on February 20, 2016 under Estate Planning, Minnesota


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

Answered 4 years ago | Contributor

When someone dies without a Will, they are said to have died "intestate". Accordingly the intestacy or succession laws of the state in which the deceased was domilced as of the date of their death will control. My research suggests that in MN, if there is no surviving spouse or parent, then an estate of someone who dies with no Will is divided among their siblings. In the case since a sibling is predeceased, then that sibling's share is split among their children. So in this case, your brother-in-law would be entitled to 1/2 of the estate and your daughter would inherit her mother's 1/2 share. To be certain of her rights under specific state law, she can confirm the above with a local probate attorney.

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