Without a will does the parents estate automatically go to the children?

UPDATED: Oct 1, 2022

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Without a will does the parents estate automatically go to the children?

My dads will is not finalized. If my mom does
not have a will and she passes before dads will
is final would everything automatically go to the

Asked on September 18, 2018 under Estate Planning, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When there is no will, the estate (everything left behind) passes by "intestate succession." When the last of your two parents pass (e.g. your mom), if she was not married at the time, her estate will go to her children. If your father has passed and your mother remarries, then if she dies before her new spouse and does not herself have a will to the contrary, he will get 1/2 the estate, her children will get the other 1/2.

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