If a man dies without a Will and is unmarried with no children, who should be in charge of his estate?

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If a man dies without a Will and is unmarried with no children, who should be in charge of his estate?

He has 1 living father, 1 living brother and 4 living half siblings.

Asked on October 3, 2012 under Estate Planning, Texas

Answers:

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

Answered 8 years ago | Contributor

First of all, when someone dies without a Will, they are said to have died intestate. Accordingly, in such a situaton, state succession law controls just how an estate will be divided. In your state, since their is no surviving spouse there are no community property considerations to be made. So typically in such a situation when a person dies wiith no children, the parents inherit all. However, if there is only 1 surviving parent, then a portion of the estate will go to the surviving siblings (including half-siblings).

Note: I am not admitted in your state, so the above is based on a brief review of state statute. In order to be certain of your rights, you should consult with a local attoreney licensed to practice in area.


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