If my father re-married and died with no Will, how is his estate divided as between his wife and my brother and I?

There are my brother, my father’s wife and I. There is a house with land and my brother and I want to know what is the percentage we each receive?

Asked on July 24, 2015 under Estate Planning, Indiana

Answers:

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

Answered 5 years ago | Contributor

When somone dies without a Will they are said to have died "intestate". This means that the intestacy or "succession" laws of the state in which they were domiciled as of the date of their death will control. In most states, 1/2-1/3 goes to the surviving spouse and the remainder is evenly split among the children of the deceased. 

For specific state information you can contact the county probate court or google the name of the applicable state and the words "intestate succession".


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