If my mother passed without a Will, who gets her property – me or my elder sister?

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If my mother passed without a Will, who gets her property – me or my elder sister?

Asked on June 5, 2013 under Estate Planning, Georgia

Answers:

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

Answered 8 years ago | Contributor

When someone dies without a Will they are said to have died "intestate". In such a case the "intestacy" or "succession" laws of the state in which the deceased was domiciled at the tim eof their death will control. Typically that means that an estate is divided between the surviving spouse, if any, and the deceased's children. In your case, assuming that you and your sister are your mother's only children, then you and she will share equally in the estate. The fact that your sister is the elder sibling is of no consequence.


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