If my father remarried 40 days prior to passing, who inherits his estate if he died without a Will?
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If my father remarried 40 days prior to passing, who inherits his estate if he died without a Will?
He had 3 daughters; he had a house, cars and a camping trailer in his name. Who has legal rights to them?
Asked on April 12, 2012 under Estate Planning, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Sorry to hear about your father.
When one dies without a Will, the rules of intestate succession determine inheritance. Intestate means dying without a Will.
Under the rules of intestate succession, your father's surviving spouse would inherit his entire estate. It is irrelevant that the marriage was only forty days. If there had not been a surviving spouse, the three surviving daughters would each inherit 1/3 of their father's estate if there weren't any deceased siblings with surviving children. The surviving children of deceased siblings would inherit their parent's share.
Again, since there is a surviving spouse, she will inherit your father's entire estate due to intestate succession.
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