If my wife’s father just passed away without a Will, can the 4 surviving siblings distribute the estate amongst themselves or do they need an attorney?

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If my wife’s father just passed away without a Will, can the 4 surviving siblings distribute the estate amongst themselves or do they need an attorney?

Should they just draw straws to decide how to divide items up and then auction off the remaining estate and split that money? What if the deceased father had tax and credit debt. Where does that go? Also, if the father was living with one of his sons in a rental home. Is that son entitled to keep the fathers furniture, appliances, home decor or kitchenware just because they were living together?

Asked on July 18, 2015 under Estate Planning, Texas

Answers:

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

Answered 6 years ago | Contributor

I am s sorry for their loss.  If they can all decide how to distribute the property evenly then they can do so but the way you are phrasing some of the question I have my doubts. They inherit equally if the Father did not leave a Will.  I think that they should seek consultations on a flat rate bassis from a lawyer in their area.  Good luck.


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