What happens if you die without a will and have a wife and children?

Question

My father lives in North Carolina and he is ill. He has never made out a will. If something happens who gets what? There are eight kids a wife and his mother.

Answer 1

everything goes to the next of kin...if he is married, everything goes to the wife...if the wife is deceased, the estate will be split between the children...we had that problem with my grandmother when she passed away....an estate lawyer will help you with everything...

Answer 2

I'm not sure if varies state by state, but usually with no will, the estate would just pass to his wife.
When she passes on, if she has no will, then the estate will most likely be divided amongst the eight children, evenly. (asssuming the wife is the legal mother of all the children. Otherwise, if there is no will stating that all the children get an equal piece, once the estate is in her name and she passes on the entire estate goes to HER children only)
Unless someone is specifically listed as a beneficiary on a life insurance policy, if that is the case, that person would receive the money from that, but the estate would still pass to the wife.

I know you said he was ill, but if he is still mentally competent I would suggest having him make a will (you can get some at Staples or Office Max, make sure it gets notorized) that way everyone knows for sure what his intent is.

Answer 3

If your father is able to write and is willing to comfirm what he wants to happen with his property, go online for your state and get a will that you can complete without an attorney. You would need a witness and may have to get the document notarized, but it's worth it. With the way laws change coupled with the changing laws of the IRS, any way that you can eliminate extra stress, it is best to. Legally, the law in almost every state declares the wife to be the immediate next of kin. (My dad and mom never divorced after 40 years of being separated, and when he died - she was still considered his legal wife) Where the issues come in - involve if the man has 'outside' children who may want to contest any monies or property. If the parent who is deceased lives in another state from the 'wife' or children, there are issues there. Also, I have witnessed a (second) 'wife' who received all of her husband's property, bank accounts, goods and by law; she thoughts she did not have to 'give the children anything'. The children had to hire an attorney and basically 'demand' court intervention. The main reason they were successful in their lawsuit was because they were minors. In addition, they received social security benefits. I pray that none of these issues exist within your family.

Answer 4

You really need to find out from the state what the laws are specific to your situation. It may well be that, without a will, every thing goes to the next of kin, which is the wife. On the other hand it can become more complicated. Louisiana's laws of succession, under their Napoleonic system, are so complex that, even with a will, it sometimes take years to decide who gets what.

Answer 5

If your parents aren't divorced or legally separated, by law everything goes to the wife while the kids get 50% of what the mother gets. But if they are divorced, I suggest you get the entire family to North Carolina and visit your ailing father because its the decent thing to do instead of worrying about his last will and testament.

Answer 6

His wife get's EVERYTHING!!!!!!!!!!

I can't believe half of these answers I am reading. If you die, you're spouse automatically gets everything! It's theirs too...no one can take that away. The children have their own homes, life, etc....NOW....if he wanted the kids to get this or that, than he really needs a will. But if the wife is the kid's mom, when she's gone it will then go to them. If she's NOT the kids' mom, then he really needs a will to make sure it's HIS kids that gets everything when she passes.

When my granpa died, his will stated that the house and all contents inside, went to his wife. The land went to his wife, and the 8 kids. Well....the 8 kids signed papers turning over ownership of all of the land back to my grandma. When my grandma died, the land was willed to the 8 kids again.

BTW...my aunt lives in North Carolina, and when my uncle died, she automatically got everything!!!

Answer 7

The laws of succession(wife, children, mother; note the wife comes first and so on...) will occur, the property will be distributed based on probate court decision. More than likely, your mother will be the administrator, but verify. Check with your state court's about dying without a will (intestate) or research the internet.

Answer 8

according to law, the spouse would inherit everything. However, anyone can contest this decision, especially if there is no will. Greed is an ugly thing to see when people die. Good luck with this one. Try and encoruage him to make a will. They only run anwhere from $100 to $200 at an estate lawyer. If your that worried about your family, foot the bill yourself and get dad into the lawyer.

Answer 9

It still isn't too late for him to take care of arrangements. Even with a power of attorney, that can help his wife after he passes in the event he was the sole one on bank accounts, etc. A power of attorney is simple. An attorney isn't involved. All they would need to do is get the paper notorized.

If he doesn't choose to do any of that, the wife is considered next of kin, not his mother.

Answer 10

The state makes the decision.

When a person dies with no will, the California Probate Court divides the assets according to a legal formula. The court appoints a family member, friend, or other person as "administrator" to handle the probate.

The court proceedings and paperwork requirements are very similar to those of a California probate with a will, and a knowledgeable California probate lawyer can handle them efficiently.

You will need to check with your state, as laws vary

Answer 11

His assets will be distributed according to the intestate statute in North Carolina. However, the wife will get almost everything because she can claim joint ownership of the property.