What to do if my son died without a Will or Trust?

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What to do if my son died without a Will or Trust?

He was 25 years old and had been a homeowner for 4 years. He was married for 2 1/2 years and the house was in his name only. Does the home go to his wife? Is there any way we as his parents have any rights to get any of our belonging out of his home? If so, how would we go about doing that?

Asked on January 8, 2014 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Intestacy is the condition of the estate of a person who dies owning property greater than the sum of their enforceable debts and funeral expenses without having made a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate, the remaining estate forms the "Intestate Estate."

Intestacy law, also referred to as "the law of descent and distribution" or "intestate succession statutes", refers to the body of law that determines who is entitled to the property from the estate under the rules of inheritance.

Based upon what you have written, the home probably goes to the wife. You are entitled to your belongings from the home. I would simply ask for your items. I suggest that you consult with a Wills and trust attorney in your locality. One can be found on attorneypages.com.


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