If a property is still in my dad and late ‘moms names and he remarried, who gets it in the event of his death since there is no Will?

UPDATED: Oct 1, 2022

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If a property is still in my dad and late ‘moms names and he remarried, who gets it in the event of his death since there is no Will?

My dad remarried after my mom passed away and now he’s dying of cancer. He moved in with his new wife at her property. I have been living on dad’s property and paying taxes for 4 years now. When something happens to dad, if he doesnt have a Will, will I get the property?

Asked on September 27, 2018 under Estate Planning, Indiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When someone passes without a Will, they are said to have died "intestate". This means that the "intestacy" laws of the state in which they were domiciled when they died controls. Typically the division of estate assets in this circumstance is 1/2-1/3 to the surviving wife, if any, and the remainder to the children of the deceased. Accordingly, you will share your father's estate with your stepmother. Your having lived on his property and having paid the taxes makes no difference.

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