What happens if my mom has no will, and does she actually legally need to have one?

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What happens if my mom has no will, and does she actually legally need to have one?

My mother seems to think that just because she told someone what to do with her property after her death means she doesnt need a will. Is this true or does she actually legally need one? and if she doesnt have one, do I, being her only child, receive her property?

Asked on May 8, 2016 under Estate Planning, North Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1) Yes, you need a will if you want to have any control over who gets the property, and a will must meet the legal and formal requirements for a will (e.g. written, signed, properly witnesssed and executed). Telling someone what to do with property has no legal effect.
2) Without a will, the property will pass via intestate succession, or the rules for who gets what when there is no will.  In your state, if you are the only child, it should all come to you, less any expenses or debts of her estate (e.g. her last medical expenses, which the medical care provider may seek from the estate; costs of funeral), and subject to lender can foreclose on or repossess property which secures debts (typically financed cars or real estate with mortgages).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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