What to do if my unmarried father passed away without a Will?
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What to do if my unmarried father passed away without a Will?
He had no debt. Wouldn’t my sister and I legally be the ones to get his personal belongings. My aunt and grandfather took everything to their house.
Asked on October 21, 2013 under Estate Planning, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Sorry to hear about your father.
Since he did not leave a Will, the rules of intestate succession determine inheritance. Intestate means dying without a Will.
Under the rules of intestate succession, since there wasn't any surviving spouse, your father's estate would be divided equally among the surviving children. If there are any deceased children (your siblings), who had children (your father's grandchildren), they would receive the share their deceased parent would have received had their parent survived. If you and your sister are the only children, your father's entire estate will be divided equally between you. Your aunt and grandfather have no claim to your father's estate.
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