If my father re-married and died with no Will, how is his estate divided as between his wife and my brother and I?

UPDATED: Jul 24, 2015

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If my father re-married and died with no Will, how is his estate divided as between his wife and my brother and I?

There are my brother, my father’s wife and I. There is a house with land and my brother and I want to know what is the percentage we each receive?

Asked on July 24, 2015 under Estate Planning, Indiana


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

Answered 7 years ago | Contributor

When somone dies without a Will they are said to have died "intestate". This means that the intestacy or "succession" laws of the state in which they were domiciled as of the date of their death will control. In most states, 1/2-1/3 goes to the surviving spouse and the remainder is evenly split among the children of the deceased. 

For specific state information you can contact the county probate court or google the name of the applicable state and the words "intestate succession".

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.

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