Mother died had a house where she was sole owner has two children which one gets the house? No will.

UPDATED: Oct 1, 2022

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Mother died had a house where she was sole owner has two children which one gets the house? No will.

She left no will her daughteryounger child
was the only beneficiary on life insurance
mother stated she wanted daughter to split
money with sonshe kept it all what happens
to the house?

Asked on May 7, 2018 under Estate Planning, Florida


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 intestacy laws of the state in which they were domiciled when they died will control. As a general rule such an estate is split between the surviving spouse, if any, and the children of the deceased. Accordingly, assuming that your other was not married when she died, you and your brother will share the house (of course after any debts of the estate have been paid). As to the life insurance proceeds, as the sole named beneficiary, legally your brother is entitled to keep all of it.

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 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.

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