What to do if my mother-in-law recently passed away without a Will?

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What to do if my mother-in-law recently passed away without a Will?

Her spouse passed years ago. She has 3 children. She owned her own home, which is still in her name, but occupied by one of her daughters, and spouse. I am not aware of what other assets there may have been. Due to advanced dementia, she lived her last few years in a nursing facility. Her daughter was assigned as a legal guardian at that time. What becomes of her remaining assets without a Will to divide them?

Asked on July 29, 2013 under Estate Planning, Hawaii

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sorry to hear about your mother-in-law.

Since she did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Since there isn't a surviving spouse, your mother-in-law's entire estate (including the house) will be divided equally among her three children. If there are any deceased children who had children (your mother-in-law's grandchildren), they will inherit their deceased parent's share.


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