How is an Estate Distributed Without a Will in the USA?

Question from tom, How is an Estate Distributed Without a Will in the USA?

Answer from AI:

When someone passes away without a will, they are said to have died “intestate.” In the United States, each state has its own intestacy laws that determine how the deceased person’s estate is distributed. These laws are designed to pass the estate to the closest relatives in a specific order.

Understanding Intestate Succession

Intestate succession laws vary by state, but they generally follow a similar pattern. Here’s a general overview of how these laws work:

• If the deceased has a surviving spouse but no children, the spouse typically inherits the entire estate.
• If the deceased has a surviving spouse and children, the estate is usually divided between them.
• If there is no surviving spouse, the estate is distributed to the children.
• If there are no children, the estate goes to the deceased’s parents.
• If the parents are also deceased, the estate is distributed to the deceased’s siblings and their descendants.

Specific Case: No Will, No Spouse, No Children

In your case, your aunt passed away without a will, never married, and had no children. According to typical intestate succession laws, the estate would be distributed to her closest living relatives. Here’s how it generally works:

1. Since your aunt had no spouse or children, the estate would go to her parents if they were alive.
2. If her parents are deceased, the estate would be divided among her siblings.
3. If a sibling has predeceased her, that sibling’s share would typically go to their children (your cousins).

Application to Your Situation

Given the information:

• Your aunt had no spouse or children.
• Your dad is her only living sibling.
• She had an older sibling who passed away 10 years ago.

According to intestate succession laws, your lawyer is likely correct. The estate would be split between your dad and the children of the deceased older sibling. This is because:

• Your dad, as a living sibling, would inherit a portion of the estate.
• The children of the deceased sibling (your cousins) would inherit the share that would have gone to their parent.

Consulting a Legal Professional

While this provides a general understanding, intestate succession laws can be complex and vary by state. It’s crucial to consult with a legal professional who can provide personalized advice based on the specific laws in your state. They can help ensure that the estate is distributed correctly and address any unique circumstances that may apply.

For more detailed information, you can refer to resources such as:

• Nolo’s Intestate Succession Chart
• Cornell Law School’s Intestate Succession Overview

Remember, this information is for general guidance, and you should seek legal advice for your specific situation.