What to do if our daughter died without a Will and left behind a husband, 19 year old daughter and 11 year old son?

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What to do if our daughter died without a Will and left behind a husband, 19 year old daughter and 11 year old son?

She owned 100 shares of stock solely in her name, valued at about $7,000 at the time of her death. The husband had the stock transferred to his name and says that he is the sole owner. Shouldn’t the stock be divided equally since she died without a Will, that is, 1/3 to surviving spouse, 1/3 to daughter, 1/3 to son?

Asked on January 11, 2013 under Estate Planning, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the facts that you have written about since your daughter passed without a Will or trust in effect, your state's intestacy laws control over who receives what of her assets. In such a situation, the husband ordinarily receives the bulk of the separate and marital assets. I suggest that you consult with a Wills and trust attorney as to the proper apportionment of her assets.


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