If my husband dies and has no will what happens to his estate?

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If my husband dies and has no will what happens to his estate?

He has children from a previous marriage and we had one together.

Asked on October 29, 2016 under Estate Planning, Georgia

Answers:

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

Answered 5 years ago | Contributor

First of all, as to any assets that you hold title to jointly, typically as the surviving spouse you would be entitled to them outright. As to any assets that your husband held in his name alone, the "intestacy" or "succession" laws of the state in which he is domiciled as of the date of his death will control. By way of explaination, when somone dies without a Will, they are said to have died "intestate". This is where state statute intervenes. Typically, in such a case the surviving spouse is entitled to 1/2-1/3 of their late spouse's estate and the remainder is evenly distributed to the children of the deceased. However, each state has it own specific rules. At this point, you can check online for the appplicable state law or consult directly with a local probate attorney.


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