How do you determine just who area deceased person’slegal heirs?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do you determine just who area deceased person’slegal heirs?

My brother just died with no Will. His spouse is deceased, as well as our parents. He has 2 stepchildren from his marriage and 2 brothers and 1 sister.

Asked on February 4, 2012 under Estate Planning, Iowa

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Sorry to hear about your brother and your parents.

Since your brother did not have a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.  Under intestate succession, your brother's estate would have gone to his spouse, but since there is no surviving spouse, his estate will be divided equally among his surviving children.  The fact that they are step-children does NOT change this as they inherit the same as biological children.  If there had not been any surviving children, your brother's estate would have been divided equally among his surviving siblings.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption