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It is not unusual to receive a call from a sibling of a recently deceased person or from the parent of a recently deceased adult. If the decedent died without a will, a surviving spouse and/or children would be the ones to inherit, not the parent or any siblings.
When one dies without a valid will or other legal document to transfer property, that person died “intestate.” The laws of intestacy govern how the decedent’s property will be distributed. The decedent’s spouse and lineal descendants (children, grandchildren, great grandchild, etc.) will be protected by intestacy laws. However, other family relations, such as siblings, parents and unmarried couples, are much less likely to inherit.
Dividing an Estate:
If the decedent has a surviving spouse but no surviving lineal descendants, the surviving spouse will inherit the entire estate. If the decedent has a surviving spouse and lineal descendants of both the decedent and their surviving spouse, then the spouse gets the first $60,000.00 of the intestate estate and one half of the remaining estate. The lineal descendants of the surviving spouse and the descendants divide the other half equally. Note: where the decedent leaves behind a surviving spouse and a lineal descendant who is not a blood relation to the surviving spouse, then the spouse gets one half and the lineal descendants share the other half equally.
Descendants before other relatives:
When there are lineal descendants but no spouse, the lineal descendants equally share the estate. In the case where there is no surviving spouse and no lineal descendants, the decedent’s parents share the estate (if only one parent survives, in this scenario, he or she takes all). If there is no surviving spouse, no lineal descendants, no parents, then the siblings of the decedent will share the estate.
Law:
The laws provide for situations if/when there are no siblings but it is more complex. For many, the manner in which the estate is divided by law falls in line with what they would have wanted. However, for those who would like to leave something for their parents, brothers, sisters, boyfriend, or girlfriend, it is critical that a valid will be executed.
