If my son’s father passed away, who inherits his belongings if he never made a Will.

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If my son’s father passed away, who inherits his belongings if he never made a Will.

I would think it would go to my son, but he is only 1 year old, so I am unsure how it works. He and I were engaged.

Asked on July 23, 2011 California

Answers:

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

Answered 10 years ago | Contributor

In a situation when someone dies without a Will they are said to have died "intestate". Accordingly the laws of the state in which they were domiciled at the time of their death will control. Assuming it is CA, your son will inherit all of is fathe's "estate". This of course assumes that there is no surviving wife (even if they are separated) and no other children. Since you mentioned no one else of am assuming that your sole is his sole surviving family.


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