If my father recently died and didn’t have a Will but he was married, what happens to his belongings including his house?
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If my father recently died and didn’t have a Will but he was married, what happens to his belongings including his house?
His wife is not my mother.
Asked on August 1, 2014 under Estate Planning, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Your father's spouse (his wife) and his descendents (e.g children and grandchildren, if any) will share in the estate (your father's property), subject to the following:
1) Anything owed jointly between your father and his wife (e.g. a joint bank account; property owned jointly) becomes hers as the surviving joint owner--it doesn't pass through intestate succession (the rules for who gets what, when there is no will).
2) The wife cannot get less than 1/3, no matter how many descendents there are, of the intestate estate (in addition to any joint property that becomes hers).
3) If there is a life insurance policy with named beneficiaries, it goes to the beneficiaries.
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