If someone dies without a Will and has no direct heirs, how are their assets distributed?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If someone dies without a Will and has no direct heirs, how are their assets distributed?

My wife’s brother passed away. He left no wife or kids and no beneficiary on any of his bank accounts. He had no property either. The banks says that their dad is the next in line for the money in the bank accounts. How do the living brother and sister go about handling this? The bank account is worth $140,000.

Asked on October 14, 2014 under Estate Planning, California

Answers:

Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 9 years ago | Contributor

I am sorry about the passing of your brother in law. A probate estate will need to be opened in the county in which he resided if there is not a beneficiary designated on the bank account.  If he had no surviving spouse or children, then his father would be receive the money in the bank account.  Someone would need to apply to be the administrator of the estate, maybe one of the siblings or the father.  That person would be responsible for settling his debts and distributing his assets.  If you need assistance in this, I would be happy to help.    


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption