Do I have to share my late mother’s belongings with my siblings?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have to share my late mother’s belongings with my siblings?
My mother has recently died. I am her beneficiary and she did not leave behind a Will. Do I legally have to share any of her belongings with any siblings and/or family members?
Asked on April 26, 2011 under Estate Planning, Mississippi
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, you do. The way it all works is as follows: there is only a "beneficiary" if the deceased had a Will; if there is no Will then the deceased died "intestate", so there would be "heirs". Under the majority of intestacy laws (they vary by state), the heirs share in the estate. How much depends on just what their relationship to the deceased was. A surviving spouse typically gets 1/2-1/3 of an estate and the surviving children get 1/2 - 2/3. If there is no surviving spouse, then the children split the estate in equal shares.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.