What happens to my father’s belongings after his death if there is no Will?

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What happens to my father’s belongings after his death if there is no Will?

I am the eldest child and have been taking care of him for the past 6 months. We are facing the fact that my father is going to pass. Both of my younger brothers want his truck which is still has payments due.

Asked on April 18, 2012 under Estate Planning, Nevada

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Sorry to hear about your father.

If he does not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, your father's surviving spouse will inherit his entire estate.  If there isn't any surviving spouse, the estate will be divided equally among the surviving children.  Since there are three children, each would receive 1/3 of your father's estate which would mean a 1/3 interest in the truck if there aren't any deceased siblings who had children.  If you have any deceased siblings who had children (your father's grandchildren), they would receive the share of your father's estate that their deceased parent would have received. 


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