What assets are children entitled to when a parent dies without a Will?

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What assets are children entitled to when a parent dies without a Will?

When my mother died, she left behind no Will. She is survived by 3adult children and a husband. We (the children) just found out that she is entitled to a lump sum from SSDI and SSI. Her husband, on the other hand, had kept it quiet from us (the children). He is not allowing us to have any of the assets or money she left behind or receiving. When we question him, he is short in answer or completely tight-lipped

Asked on January 22, 2012 under Estate Planning, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation as it now stands.  If your Mother died with out a Will - intestate - then the intestacy statutes will apply.  That would mean that you and yoursiblings would share in your Mother's estate with her husband, but only that portion that is not jointly held. Her SSDI and SSI sums may in fact be yours to share. You need to seek legal help here  to decide what to do. And quickly.  But there will have to be a proceeding in court.  Good luck.


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