When someone who is unmarried dieswithout a Will, are all possessions legally their children’s?

Asked on September 15, 2011 under Estate Planning, Indiana


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

Answered 9 years ago | Contributor

When someone dies without a Will, they are said to have died "intestate". Accordingly, the intestacy laws of the state in which they were domiciled as of their death will control. Typically, the right to inherit is as follows: to the surviving spouse, if any, and children. In the case in which there is neither a surviving spouse or children, then the next line of succession would be siblings, to share in the estate equally (both real and personal property).

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.