If my father died without a Will he was not married at the time, who do his belongings go to?
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If my father died without a Will he was not married at the time, who do his belongings go to?
The oldest child or his mother?
Asked on December 27, 2011 under Estate Planning, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
When someone dies without a Will they are said to have died "intestate". Accordingly the laws of the state in which they were domiciled as of the date of their death will prevail. In most states, in such a situation, an estate is divided among the surviving spouse, if any, and the children. Only if the deceased had no wife or children would their parent inherit.
What this means as the oldest is that you and your siblings are your father's sole heirs and will equally share in the estate. Your grandmother isn't entitled to no portion of your father's estate.
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