If my father does not have a Will, what will happen to his estate upon his death?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my father does not have a Will, what will happen to his estate upon his death?
Asked on January 29, 2015 under Estate Planning, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If someone dies without a Will, then they die "intestate". This means that the laws of the state in which they were domiciled as of the date of their death will control. As a general rule, intestacy laws or "succession statutes", provide that an estate is split between the deceased's surviving spouse, if any, and the deceased's children. The exact pertcentages of the split depends upon specific state law, although typically it is 1/2-1/3 to the survivng spouse and the remainder to the children. Since you did not indicate your father's marital status, I don't know whether there is a possibility of his leaving a survivng spouse. If not, then his estate will be equally divided among his childeren.
Note: If one of your siblings predeceases your father, then their share will be distributed to their children.
At this point you can google the applicalbe state name and the words "intestate succession"; this will give you more specific information. Additionally, you can also contact a local attorney; the fact is that it may be preferable to have your father execute a Will.
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.