What happens if my mom dies without a will?

What happens if my mom dies without a will?

Since there is no will, you will need to bring a petition under the laws of the state where mom died (or where she owned assets) asking the court to appoint you as Personal Representative (or Administrator) of the estate. This is called an intestate estate, which means mom or dad died without a will.

Can second cousins inherit intestate?

Cousins (but, if deceased, their descendants) are the remotest relatives that can inherit under the laws of intestacy. Common Law Husbands / Wives are not recognised under intestacy law. They have to go to Court if they wish to be allocated an inheritance.

How did my mother die with no will?

She died intestate. She was not married at the time of her death. She was on Social Security & may possibly owe money to the state for previous financial assistance. One of the family members lived with her prior to her death and now claims the house should go to him.

What happens to your estate if you die intestate?

If you die intestate this means your estate is distributed in accordance with the law. The Rules of Intestacy are not flexible and don’t take into account what your wishes would have been. After your debts and funeral expenses are discharged, the Rules of Intestacy sets out that your estate is distributed in the following way:-

What happens to my mother’s estate when she dies?

If your mother had a spouse at the time of her death, then the distribution of her estate depends upon the ownership and titling of her assets. Generally, the majority of her assets would pass to her surviving spouse. Children or grandchildren may inherit a smaller share.

What are the rules of intestacy after death?

The Rules of Intestacy are not flexible and don’t take into account what your wishes would have been. After your debts and funeral expenses are discharged, the Rules of Intestacy sets out that your estate is distributed in the following way:- Your spouse/civil partner gets your entire estate.