If I am my mother’s only child, what are my rights if she died without a Will?
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If I am my mother’s only child, what are my rights if she died without a Will?
After divorcing my father, she remarried. I just found out that my mother died about 18 months ago. As far as I know, the house and savings account were in her name only and she did not have a Will. Her husband is still alive and living in the home. I am my mother’s only heir; I have no siblings or half-siblings.
Asked on October 20, 2012 under Estate Planning, Indiana
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
What happens to your mother's assets if she died without a will depends on the law of her state. In Florida, her spouse would get half and you would get half. Your state may be different.
To find out what you are entitled to, search on the internet for "statute of descent and distribution in __________" (the state where your mother lived). This will tell you who inherits her property.
If you are entitled to all or some of her property, it will be necessary to open an estate to get it. I strongly suggest you consult a lawyer to open the estate. In Florida, you are required to have a lawyer for this.
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