Who inherits home with no will

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Who inherits home with no will

Two step children, mother still alive.

Asked on June 14, 2016 under Estate Planning, Iowa

Answers:

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

Answered 4 years ago | Contributor

When someone dies without a Will, they die "intestate". This means that the laws of the state in which they were domiciled at the time of their death will prevail. Intestacy laws provide for inheritance rights to "heirs" of the deceased. Heirs are those related to the deceased by either blood, marriage or adoption. Under the facts given here, the deceased's mother would inherit the estate. The only claim the stepchildren would have is if they had been adopted by the deceased. Otherwise, they have no automatic inheritance rights.


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