If theres no WILL then it goes to wife and children
2006-06-21 19:44:26
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answer #1
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answered by YAMAHA 4
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Without a will, the order of succession is spouse, offspring, forbearers. So first to the wife (if any), then to the children (if any), then to surviving parents (if any). In some cases, depending on the state, if there are no heirs (the word for the people who get the property) then the property may eschat. Which is a thousand dollar word for saying "the government get is."
2006-06-22 12:12:48
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answer #2
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answered by brodyburks 4
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It's divided up as specified in his will. If he dies intestate (no will), then it gets a bit messier. Any surviving spouse or children will have first claim, but others can try to make claims as well, and since there's no will, it often has to be sorted out in court.
Even when there is a clear will, things can get very messy, ala Anna Nicole Smith. There are blood familes (ANS was fighting her stepson, but not blood relatives) that have been torn apart over inheritances. Of course, there usually has to be a lot of money/property for things to get that bitter & out of hand.
2006-06-22 02:47:59
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answer #3
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answered by Flyboy 6
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Do you have a will? If so has it been registered with your local town or county government office? If not the property could go to probate for the State. They will do what ever it takes to get the property so they can earn revenues. I know it's disgusting but it's true. Make sure you get it in righting in a will and have it registered!
2006-06-25 15:04:01
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answer #4
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answered by Alright! 3
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not sure where you are, but usually the bulk of the estate would go to the wife, regardless of who the husband left his estate to. if she was not listed in the will as a beneficiary (which i cannot understand why she wouldn't be) she could apply to the court for an equalization payment. what was left of the estate would then be distributed according to the will.
if there is no will, all property is transferred to the wife and she is free to divide it among his family as she deems fit.
i would strongly suggest consulting a lawyer about your rights as they vary greatly from state to state and circumstances can affect the outcome
2006-06-26 16:19:10
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answer #5
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answered by canadian_beaver_77 4
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If there is any premartial agreement or Will then things goes according to that.
else (by default)
"Husband and wife are the co-managers of the community property and either spouse at death can will away his or her half of community property assets. Each asset is usually looked at separately so if the wife dies and wills away her half of $800,000 of community property to her children, the children do not receive $400,000 of selected assets but one-half of each individual asset, such as one-half of the home and one-half of each issue of stock."
2006-06-22 02:51:50
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answer #6
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answered by Deepak 2
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That depends on where you live. In most states, "real property" would pass to the spouse and personal property would go to the heirs as designated in the will.
2006-06-22 02:44:44
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answer #7
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answered by david s 4
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Whoever is listed in the will receives what he has left them. If there is no will, or something is not listed, the item/thing/place goes to the spouse (I think). After this, I believe it then goes to the children (meaning, if the spouse is not able to take it).
2006-06-22 02:45:24
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answer #8
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answered by Riiken Ultima 2
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Person in the will. If none to the wife if no wife to the kids if no kids to the state who will decide.
2006-06-22 02:44:30
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answer #9
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answered by Dee 4
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Assuming there is no will which specifies it's distribution, it will vary from state to state,,,,,,in my state (ms) the surviving spouse and children divide the estate equally.
2006-06-22 02:44:51
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answer #10
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answered by old dude 5
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automatically goes to the spouse if no will was made prior to death
2006-06-22 02:44:26
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answer #11
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answered by with_dark_motives 4
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