Husbands father passed away 2 seeks ago with no Will, There are 2 children ,but sister is taking everything over and said he gets nothing.

UPDATED: Sep 30, 2022

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Husbands father passed away 2 seeks ago with no Will, There are 2 children ,but sister is taking everything over and said he gets nothing.

My husbands father passed 2 weeks ago. He had no will.And the sister
took everything over.She didn’t include him in any decision making.Now
she’s saying he gets nothing.But there is 2 old cars,1 acre of land
That the father wanted him to have,they talked about this a lot when he
was alive a big coin collection, and insurance policy’s..Is this legal
to just leave him out..

Asked on March 19, 2017 under Estate Planning, Virginia


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

Answered 5 years ago | Contributor

When somone dies "intestate", that is without a Will, the distibution of their estate is dictated by state intestacy law. typically, if someone dies without a survivng spoouse, then their entire estate goes to their children. This means that both your husband and his sister are the sole heirs, therefore they should split his father's estate 50/50. At this point, he should consult directly with a local probate attorney.

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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