What would happen if my mother died before my stepfather and there was no Will?
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What would happen if my mother died before my stepfather and there was no Will?
Here is the scenario. My mother remarried and her husband has an estranged son. They are in their 70s and 80s. Her husband is not my father and he never adopted me. Would his son get the entire estate by default of the courts?
Asked on July 7, 2013 under Estate Planning, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If your mother dies without a Will before your stepfather, the rules of intestate succession determine inheritance. Intestate means dying without a Will.
Under intestate succession, your mother's entire estate would be inherited by her surviving spouse, your stepfather. If there is no surviving spouse, the estate would be divided equally among the surviving children which would include you and any other siblings including your estranged half-brother.
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