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B died 2 years after A died and both of them does not have any will or testament. Who gets to inherit their estate, B's relatives, A's relatives, or the government? Is ther any prescription period for filing any claim?

2007-03-10 12:53:20 · 8 answers · asked by Romeo G 1 in Politics & Government Law & Ethics

8 answers

It depends on the probate laws of the state, and on whether the state follows community property rules or not.

Under the most common set of rules, when A died, spouse B would inherit everything. When B died, B's relatives would inherit everything. If B had no children, then B's closet living relatives -- parents, siblings, grandparents, uncles/aunts, etc -- until a living relative was found. Only if B had no relatives would it pass (escheat) to the state.

Most states modify this basic rule somewhat. For example, many states follow rules that would allow A's relatives to inherit anything that A separately owned (not community property, not property in joint tenancy) if it was over a certain value. For example, in California, anything that B inherited from A would pass to A's relatives (not B's relatives) if it was worth over $10K and B died within 5 years of A, or real property if B died within 15 years of A. Some exceptions apply.

So, as with many legal questions, the answer is "it depends on where you are".

2007-03-10 14:34:43 · answer #1 · answered by coragryph 7 · 0 1

the families of Spouses A & B will share the inheritance. Brothers and sister of A and B will first decide how to spilt the inheritance. If Spouses A & B don't have siblings, it would go to the direct cousins of both families

Sometimes government takes the property if they can't pass it down the their childern or their siblings

2007-03-10 13:03:37 · answer #2 · answered by asiduhagu 3 · 0 0

Run as speedy as you are able to. you have thoughts of robust circumstances and have self assurance this is all you like. go away something on your siblings. My mom died some years in the past forsaking a large number and siblings scuffling with for scraps. in the tip no one particularly grew to become into able to hold onto something because of the fact of taxes and late charges that have been left unattended to from all the arguing. (My mothers and fathers owned 4 residences which got here w/2 mortgages, 4 contraptions of taxes, 4 contraptions of water, sewer, rubbish charges (even nevertheless those centers weren't mandatory they have been nevertheless charged), and in the tip the residences have been all bought to somebody for some thousand money w/each and every thing going into in basic terms paying stuff off. I shall finally finally end up by technique of restating what I had initially reported: RUN!!!!!!

2016-09-30 12:16:34 · answer #3 · answered by ? 4 · 0 0

it usually goes to the next f kin, that is unless the courts need the money then thy keep it, or if there are no known kin they still keep every thing, the are crooks from the word go,
if the courts ae half way honest the split it between the next of kin on both sides.less the 40 %tax,

2007-03-10 13:01:38 · answer #4 · answered by james w 3 · 0 0

it depends on where they live.
Typically once A died the property goes to B, then once they die intestate (depending on where they live) then property will either go to next of kin, or if none exists then to the state.

2007-03-10 13:02:36 · answer #5 · answered by Chrissy 7 · 0 0

Unfortunately, the government does.

Very important to get a will

2007-03-10 13:01:23 · answer #6 · answered by natdufour4030 2 · 2 0

If there are no relatives, the state! UGH!!!!!

That's one reason everyone should plan their estate. We don't want to give the government our estate - they didn't earn it.

2007-03-10 13:13:03 · answer #7 · answered by ? 4 · 0 0

I'm thinking the government gets it.

2007-03-10 13:01:38 · answer #8 · answered by Kimberly S 2 · 0 0

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