I now pay mortgage on my deceased father’s house. Are my sibllings entitled to anything since there is no will.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I now pay mortgage on my deceased father’s house. Are my sibllings entitled to anything since there is no will.
Asked on May 27, 2009 under Estate Planning, Delaware
Answers:
L.M., Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Dying without a will is called dying intestate and Delaware's intestate succession laws determine to whom your father's assets go. If there is a surviving spouse, she is first in line to get any assets, but what she gets is limited by certain circumstances. If you and your siblings are the survivor's children, she gets the first $50K, plus 1/2 the balance of the estate plus a life estate in any real estate. The children get the rest. If the children have a different mother, (or some do), the surviving spouse gets 1/2 of the estate plus a life estate in the real property. Balance goes to the children. If there is no surviving spouse, the assets (including real estate) go to the surviving children to share equally. Depending on your situation, if there is no surviving spouse, for example, you and your siblings would share the house and also share in paying the expenses for its upkeep, including the mortgage.
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.