If my mother dies without a Will, who gets her estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 10 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.
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.