Mother died had a house where she was sole owner has two children which one gets the house? No will.

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Mother died had a house where she was sole owner has two children which one gets the house? No will.

She left no will her daughteryounger child
was the only beneficiary on life insurance
mother stated she wanted daughter to split
money with sonshe kept it all what happens
to the house?

Asked on May 7, 2018 under Estate Planning, Florida

Answers:

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

Answered 2 years ago | Contributor

When someone dies without a Will, they die "intestate". This means that the intestacy laws of the state in which they were domiciled when they died will control. As a general rule such an estate is split between the surviving spouse, if any, and the children of the deceased. Accordingly, assuming that your other was not married when she died, you and your brother will share the house (of course after any debts of the estate have been paid). As to the life insurance proceeds, as the sole named beneficiary, legally your brother is entitled to keep all of it.


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