If a mother dies and then father dies 7 months later with no will, what happens?

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If a mother dies and then father dies 7 months later with no will, what happens?

One or two children disagree on what to do.

Asked on April 18, 2012 under Estate Planning, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your losses.  You need to consult with an attorney here.  If all the assets of your Mother's estate were jointly held with your Father then they passed to her automatically upon his death. There would have been no need for probate of your Mother's estate. Then upon his death they would pass by intestacy statute in West Virginia.  That statute "asks" a lot of questions like are the children that are left all children of both parents, etc.  So the particulars of your family are important.  If there were asets of your parents that were not jointly held then half of those assets would have to be probated in your Mother's estate first.  This is all very complicated and you need help sorting it out.  Good luck.


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