When someone who is unmarried dieswithout a Will, are all possessions legally their children’s?

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When someone who is unmarried dieswithout a Will, are all possessions legally their children’s?

Asked on September 15, 2011 under Estate Planning, Indiana

Answers:

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

Answered 10 years ago | Contributor

When someone dies without a Will, they are said to have died "intestate". Accordingly, the intestacy laws of the state in which they were domiciled as of their death will control. Typically, the right to inherit is as follows: to the surviving spouse, if any, and children. In the case in which there is neither a surviving spouse or children, then the next line of succession would be siblings, to share in the estate equally (both real and personal property).


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