When a parent dies without a Will, what are their children’s rights to their estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When a parent dies without a Will, what are their children’s rights to their estate?
I live in a home my parents purchased jointly. When my mother died, my disabled father, disabled younger brother and I moved into the home (about 3 years ago). Ever since I have been the sole caretaker of my father, brother and the home with the financial help of my father’s and brother’s disability. My father passed away last week leaving no Will and now my stepsiblings on my father’s side (who have had nothing to do with the home or my father’s caretaking) have descended upon me wanting to split the home equally (8 ways including myself). Do they have a legal right to that? What can I do to save my home?
Asked on June 3, 2013 under Estate Planning, West Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
It is not your home, legally speaking, unfortunately, since your father did not give it to you while he was alive, or will it to go to you after his death. Instead, since there is no will, the home will pass by "intestate succession." In your state, this means that it goes equally to all the children of your father. In practice, unless you all work something out by which one of you buys out the interests of the others, the home will be sold and the proceeds divided equally. The fact that you helped care for your father or live there has no bearing on how it passes after his death.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.