A portion of my father's estate is under his name only, which was left without a will. I want to know what is percentage that my mother is suppose to get and what portion is the children suppose to get.
2006-09-29 12:13:35 · 11 answers · asked by questioner 1 in Politics & Government ➔ Law & Ethics
The estate will devolve in equal shares amongst Class-I legal heirs of the deceased.
2006-09-30 04:05:54 · answer #1 · answered by Seagull 6 · 0⤊ 0⤋
Im not too sure where u live , but in australia an estate is decided by State Trustees - Government Legal people who go by some rules to decide who gets what.
Apparently, if you only have cousins , your estate goes to the government :(
have a look at the web site down below to find more info
2006-09-29 12:25:10 · answer #2 · answered by Michael M 2 · 0⤊ 0⤋
loss of life intestate decrease than English regulation potential which you have not made a valid will which would be utilized after your loss of life. If this happens it potential procuring Letters of administration and appointing your directors can take months and often years. this would mean that your surviving considerable different would have a era without get right of entry to to the money it is an element of your supplies and this would final for it slow. interior the form of intestacy there are regulations that decide for who gets what after your loss of life. If the guy who has died has a surviving husband or spouse and there are no kin individuals of a definite form they the considerable different would be entitled to each little thing. If there are young ones, mothers and fathers or siblings (brothers and sisters) here happens so as of determination. * Shared between toddlers, grandchildren or different lineal decedents else: Shared between mothers and fathers else: Shared between siblings: If there is not any surviving husband or spouse here happens so as of determination: To situation on the statutory have confidence if there are any else: To the mothers and fathers chop up the two else: To the siblings (brothers and sisters) else: To the grand mothers and fathers chop up the two: To the aunts and uncles chop up the two: The Crown, Duchy of Lancaster or the Duke of Cornwall reckoning on the place they lived. ensuring you have a valid will it is legally superb will keep away from all the opportunities that your supplies isn't given to whom you pick for. the cost to offer a will which will keep away from intestacy would be decrease than the cost of attempting to handle a loss of life the place no will has been put in place in comparison with finishing up and supplies the place there's a valid will. those better expenditures will would desire to be paid for often out of the valuables. * Please word that because of the complicated nature of the regulation your circumstances would alter many stuff. it rather is meant as tough approximation on your information basically.
2016-10-15 08:48:34 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Depending on the size of the estate, the state may get part of it. The rest will be distributed equally to the wife, children, grandchildren and so on. Everybody gets an equal share.
2006-09-29 12:17:32 · answer #4 · answered by Letsee 4 · 0⤊ 0⤋
It depends on the state, but typically the surviving state inheirits it. This is because of the spousal power of attorney clause in most states. Thus, the spouse will probably get it, unless there are leans or family disputes, then all property in question is seized by the government.
2006-09-29 12:16:33 · answer #5 · answered by warrior_kuhlman04 2 · 0⤊ 0⤋
Depends on the probate law in your state. Normally, it is governed by intestacy laws, and usually the surviving spouse gets a large share.
2006-09-29 12:50:24 · answer #6 · answered by ? 5 · 0⤊ 0⤋
What the state wouldn't get your mother would most likely get. It would go to children after she goes.
2006-09-29 12:28:13 · answer #7 · answered by WhiteLilac1 6 · 0⤊ 0⤋
It will go to your mother first, then when she dies it will go to the children. Encourage her to make a will so the children don't fight over what is left.
My sympathy for your loss.
2006-09-29 12:17:44 · answer #8 · answered by Patch 1 · 0⤊ 0⤋
his half goes to the estate if no will go to the state.
2006-09-29 12:22:05 · answer #9 · answered by my4retransport 1 · 0⤊ 0⤋
should go to probate who decides what happens, your mum should get all, then she decides about her children and what they get, this is too difficult to answer, also inheritance tax comes into affect , should go see a solicitor good luck, sorry for your loss xxx
2006-09-29 12:17:39 · answer #10 · answered by SALLY N 2 · 0⤊ 0⤋