What are the guidelines when someone dies without any will or last wishes written
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are the guidelines when someone dies without any will or last wishes written
My brother lives alone in Boise Id. He refuses to make a will.
He owns his house but the state has a lien due to indigence.
I am next of kin living in Michigan. What will happen to his
belongings upon his death? Thank you
Asked on May 2, 2018 under Estate Planning, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
When there is no will, his belongings will pass by what is called "intestate succession": your state's rules for who gets what when there is no will. If there is no spouse and no children, that means that his siblings (i.e. you and any brothers and sisters; if more than one of you, you will share in equal shares) will inherit, *after* any claims against his estate--including the lien you describe--are paid off. (Assuming, that is, that there is anything left after paying off those claims.) After he passes, you would contact the probate court in the county in which he lives about being his estate's personal representative--that is, about, as next of kin, being given the legal power to pay claims against him/his estate and then distribute anything to his heirs (i.e. you).
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.