What are a families rights to a deceased member’s belongings?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are a families rights to a deceased member’s belongings?

My family lived with my late father for several years. He ended up moving to a house 3 blocks down that my brother bought but he left a lot of stuff at our house. He did not have a Will. Are his possessions that remained with us become ours because they are in our possession?

Asked on May 9, 2014 under Estate Planning, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since your father did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, if your father had a surviving spouse, she would inherit the entire estate.  If there wasn't any surviving spouse, the estate, which includes his possessions, are divided equally among the surviving children.  If there is a deceased child who had children (your father's grandchildren), they would inherit the share of the estate their parent would have inherited if the parent had survived.

Just because some of your father's possessions were left at your house does not mean that they are yours because they are in your possession.  Your inheritance is subject to the rules of intestate succession discussed above.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption