What are the guidelines when someone dies without any will or last wishes written

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What are the guidelines when someone dies without any will or last wishes written

My brother lives alone in Boise Id. He refuses to make a will.
He owns his house but the state has a lien due to indigence.
I am next of kin living in Michigan. What will happen to his
belongings upon his death? Thank you

Asked on May 2, 2018 under Estate Planning, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When there is no will, his belongings will pass by what is called "intestate succession": your state's rules for who gets what when there is no will. If there is no spouse and no children, that means that his siblings (i.e. you and any brothers and sisters; if more than one of you, you will share in equal shares) will inherit, *after* any claims against his estate--including the lien you describe--are paid off. (Assuming, that is, that there is anything left after paying off those claims.) After he passes, you would contact the probate court in the county in which he lives about being his estate's personal representative--that is, about, as next of kin, being given the legal power to pay claims against him/his estate and then distribute anything to his heirs (i.e. you).


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