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How are assets from a person who dies without a will distributed to an ex-spouse and adult child survived by a Widow?

My husband has just passed away and did not create a will. He had a home (which we lived in together and I still live in now), some cash in the bank, and two paid off vehicles. How will the distribution of his assets be determined? We have one kid together who is under 18, and he had a daughter with his ex wife who is about 25 now.

 

Answers (1)

Your husband died intestate, meaning he did not have a will.  When a person dies without a will, the distribution of assets is a matter adjudicated in your state’s probate court, where an administrator will act according to state intestacy law.  Intestate succession laws provide default guidelines for asset distribution.  Some states have adopted either the federal Uniform Probate Code or have similar provisions.  In general, a surviving spouse “inherits” the entire estate first, then it passes to the children equally, regardless of age, half-sibling or adopted status, and finally to other family members.

If you live in a community property state like California, asset distribution under intestacy laws can produce different outcomes.  Assets in these states are characterized as either “separate” (prior to a marriage) or “community” (acquired during marriage) property, and distribution is based on those characterizations.   Consider also, whether title to any of the assets described were held jointly with rights of survivorship, which means the property will pass automatically to the survivor. 

Without knowing the specific state where you reside, it is advisable to consult an attorney immediately or contact your local probate court for additional resources and information.

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