If my mother dies without a Will, who gets her estate?

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If my mother dies without a Will, who gets her estate?

She had a total of 3 children but 1 is deceased (this child has 5 children). My mom is a widow. She is in hospice care and only has a short time left. If there is no Will who will her assets go to?

Asked on July 18, 2013 under Estate Planning, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for the situation.  If your Mom dies with out a Will then she is said to have died "intestate" and the intestacy laws in the state will apply.  From my understanding of the Arkansas intestacy laws her estate would be distributed to the 2 living children and the 5 grandchildren.  The grandchildren take the portion of the estate that would have gone to their parent (your sibling). So you and your sister will get one third each and the grandchildren will share the one third that would have gone to their parent had he or she survived.  Good luck.


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