If my husband died without Will, how is his estate to be divided?

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If my husband died without Will, how is his estate to be divided?

We do not have children but he had 3 from his first marriage (22, 19 and 15). He did not leave any money or real estate, only books. What part of his library I am obliged to give to his children?

Asked on August 5, 2011 Massachusetts

Answers:

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

Answered 10 years ago | Contributor

Sorry to hear about your husband.

Since your husband did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.  Under the rules of intestate succession, your husband's entire estate would go to you, the surviving spouse.  You would inherit all of his books.  If there had not been a surviving spouse, then the estate (books) would have been divided equally among the three children.


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