If my mother died without a Will, does my son have any rights to her estate?
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If my mother died without a Will, does my son have any rights to her estate?
She died 5 years ago with no surviving spouse; I was her only child. She left a house and land and I went to the probate court after she died to get it in my name. My son lives there. Recently he has gotten mad at me and says that his grandma wanted him to have the house and wants to take me to court over it. Can he legally get the house if there was no Will?
Asked on January 16, 2016 under Estate Planning, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
When someone dies without a Will they are said to have died "inteststate". Accordingly, the intestacy or "succession" laws of the state in which the deceased was domiciled at the time of their death will control.
In all states, in a case such as this, next of kin would inherit. Since there was no survivng spouse, your mother's estate woud have gone to her child(ren). Being that you were an only child, you would were entitled to the whole of the estate. Your son had no right to any of it. Now that the property is in your name you are the legal owner of the house, so you are in effect your son's landlord. Therefore you can choose to let him continue living in the house or not, your choice.
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