If someone dies without a Will and has no husband or children, how are their assets distributed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If someone dies without a Will and has no husband or children, how are their assets distributed?
Deceased sibling with 5 surviving siblings. She had $200, a car,and a diamond ring.
Asked on August 8, 2010 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am sorry for you loss. When a person dies without a Will they are stated to have dies "Intestate" and the intestacy statutes in the state will kick in. Texas intestacy law states that if a person dies without a spouse or children then the estate passes to his or her parents in equal shares. I am assuming that there are no parents here wither. If there are no parents then it would go to the "brothers and sisters of the intestate and their descendants." Someone has to be appointed as the Personal Representative of the estate in order to distribute the assets. The Personal Representative must also pay off the debts of the estate with the assets. It appears that you have a small estate here. Texas allows for the processing of an estate under $50,000 with a Small Estate Affidavit. Go down to the Probate Court in the county in which your sibling resided at the time of her death. The clerk can help you with the forms needed. Good luck.
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.