Without a Will, would my stepdaughter be entitled to anything should my husband die?

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Without a Will, would my stepdaughter be entitled to anything should my husband die?

Asked on March 21, 2013 under Estate Planning, Michigan

Answers:

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

Answered 8 years ago | Contributor

If someone dies without a Will they are said to have died intestate. Accordingly, the intestacy or "succession" laws of the state of which they were a resident at the time of their death will control. Typically, an intestate's estate is divided between the surviving spouse, if any, and the deceased's children (1/3-1/2 to the spouse and 2/3-1/2 to the children). At this point, you should consult with an attorney as to the exact split in the state in question.


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