If my sister passed away with no Will and was married for less than a year, what is her spouse legally allowed to have of her possessions?

Asked on November 30, 2015 under Estate Planning, West Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sorry to hear about your sister.
Since your sister died intestate (without a Will), the rules of intestate successiion determine inheritance.
Under intestate succession, the surviving spouse inherits the entire estate.  Therefore, your sister's husband inherits her entire estate.
If your sister had left a Will, the provisions of the Will would have been controlling in determining inheritance.
 


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