If 37 years ago my father-n-law died without a Will, should his home have gone directly to his wife or should it have been split among his 4 children?
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If 37 years ago my father-n-law died without a Will, should his home have gone directly to his wife or should it have been split among his 4 children?
His wife was not on the deed at the time of his death.
Asked on November 27, 2014 under Estate Planning, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Since your father-in-law died without a Will, the rules of intestate succession determine inheritance.
Intestate means dying without a Will.
Under intestate succession, your father-in-law's entire estate is inherited by his surviving spouse. If there had not been a surviving spouse, your father-in-law's estate would have been divided equally among his surviving children. If there were any deceased children who had children (your father-in-law's grandchildren), those grandchildren would have inherited the share their deceased parent would have inherited had the deceased parent survived.
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