If my wife’s father just passed away without a Will, can the 4 surviving siblings distribute the estate amongst themselves or do they need an attorney?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my wife’s father just passed away without a Will, can the 4 surviving siblings distribute the estate amongst themselves or do they need an attorney?

Should they just draw straws to decide how to divide items up and then auction off the remaining estate and split that money? What if the deceased father had tax and credit debt. Where does that go? Also, if the father was living with one of his sons in a rental home. Is that son entitled to keep the fathers furniture, appliances, home decor or kitchenware just because they were living together?

Asked on July 18, 2015 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am s sorry for their loss.  If they can all decide how to distribute the property evenly then they can do so but the way you are phrasing some of the question I have my doubts. They inherit equally if the Father did not leave a Will.  I think that they should seek consultations on a flat rate bassis from a lawyer in their area.  Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption