What happens to the estate of decedent who died intestate?

UPDATED: Sep 12, 2011

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What happens to the estate of decedent who died intestate?

The decedent and I were married years ago and had 2 sons. He remarried and had another son. He died intestate and the home is paid for and only his name is on the deed. Do our adult sons we had have any right to live in the home?

Asked on September 12, 2011 under Estate Planning, Alabama


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Each state in this country has what is called "intestacy laws" which set forth the order of inheritance of the assets of a decedent when that person passes without a will, trust or any property held in joint tenancy with another person (real proeprty and bank accounts for example).

Such order of inheritance will most likely be set forth in the state where the person passed away having his or her last permanent residence in its "probate code."

I suggest that you go online and do some research as to the order of inheritance when a person dies without a will, trust or no property held in joint tenancy. Usually the surviving spouse gets a significant percentage with natural born and adopted children of the decedent. The statutes typically set forth the order of inheritance.


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