If a person dies without a Will, do their adult children have a right to property that was in their name?

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If a person dies without a Will, do their adult children have a right to property that was in their name?

Asked on November 19, 2013 under Estate Planning, Kentucky

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the person dies without a will, the property passes by probate code. This means that if the house was in the joint title with right of survivorship it passes outside of probate and goes to the surviving person. Bank accounts are the same and with insurance policies, it goes to beneficiaries. If you have property titled in your name legally, then it goes to you because it was never the other person's to begin with. However, if say a person dies without a will and they have a table, the table belongs to the next in line (if one child, that person's or if multiple kids, equally to the children).


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