How do I know if my sister’s and I get anything from my mother’s passing?

UPDATED: Aug 2, 2014

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How do I know if my sister’s and I get anything from my mother’s passing?

She left no Will and her husband lives in their house.

Asked on August 2, 2014 under Estate Planning, Florida


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

Answered 8 years ago | Contributor

Sorry to hear about your mother.

Since your mother did not leave a will, the rules of intestate succession determine inheritance.  Intestate means dying without a will.

Under intestate succession, the surviving spouse inherits the entire estate.  Your mother's husband inherits her entire estate.  Therefore, you and your sisters inherit nothing.  If there had not been a surviving spouse, your mother's estate would have been divided equally among the surviving children.  You and your sisters would have inherited equal shares of the estate, and if there were any deceased children, who had surviving children, those grandchildren would have inherited the share their deceased parent would have inherited had the deceased parent survived.

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 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.

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