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If there is no will whoo determines how an estate is divided among siblings?
Wiki User
∙ 16y ago
Every state has laws that determine the distribution of a decedent's property when there is no will so you have to check that state's laws. But generally, spouses and descendants will take first. If there are no spouse and no children and no children of predeceased children, then the estate goes up the line to the parents. If there are no parents the estate goes to the decedent's siblings in equal shares. If there are some living children and some predeceased children, then the children of that predeceased child takes the share that the predeceased child would have taken.
Wiki User
∙ 16y ago
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Does everything in a parent's estate have to be equally divided among the siblings?
If there is no will that provides otherwise, and no surviving spouse, the state intestacy laws will provide that a parent's property be divided equally among the decedent's children. You can check the laws in your state at the related question link provided below.
Can it be specifed in a will how the heirs are to use real estate that is divided among them?
Absolutely, by means of a life estate or other legal instrument.
If your parents' will left their estate to you and two siblings but your sister took a lot of personal things can she do that?
If your parents' will specified that the estate is to be divided equally among all siblings, then your sister is not entitled to take more than her share without the agreement of the other siblings. If she has taken personal belongings without consent, you may need to consult with a lawyer to address the situation legally.
What are the terms for the two ways in which the testator can distribute the estate among the lineal descendants?
The two terms are per stirpes and per capita. Per stirpes means the estate is divided among branches of the family based on equal shares per branch, while per capita means the estate is divided equally among all lineal descendants regardless of their branch in the family tree.
Father left no will how is estate divided in New York State when there is a step mother and biolgical children involved?
In New York, United States, the estate will be divided amongst the spouse and the biological children. The spouse will receive the first 50,000 dollars of the estate. The remaining amount will be divided among the biological children.
How does an estate divide benefits in NC if a citizen died without a will?
The legal term is 'intestate.' It will be up to the Probate Court Magistrate or Judge as to how the estate is divided and among whom.
What happens if a person dies without a will?
If someone dies intestate in England and Wales there is a complex matrix of who gets the estate, designed to satisfy the probable wishes of the deceased. Basically, if you are married your spouse gets the first big chunk with the rest going to your children if you have any. If you are not married it will be divided equally among your children, if you have no children, then your parents, if no parents, your siblings. The list goes on until you have run out of potential relatives. If no relatives can be traced whatsoever then the estate will pass to the Crown.
Is an executor entitled to a commission on the estate if the home is left to him and the money is to be distributed among 3 siblings?
No. The executor gets no commissions. They get paid a fee set by the state.You need guidance from the attorney who is handling the estate. An executor is personally liable for mishandling estate property or funds.
What happens if you owe more than your estate is worth?
If you have a Will there will be a statement saying that "all of my debts are to be paid." Each creditor puts in a claim. The estate is divided among them. Your survivors don't have to pay them unless they co-signed.
Did heracles had siblings?
Yes Heracles had siblings, among them Iphicles, Leonome, and Perimede.
What is the name of agreement specifying that any unknown mineral rights of a decedent be divided among surviving siblings?
The only binding form of post mortem "agreement" for distribution would be a will or a trust that addresses the property in question. Another way might be to include the "surviving siblings" as joint tenants in the deed with reservation of a life estate for the primary occupant (soon to become the decedent of your question), and addressing mineral rights in any specific way you want.
What are your rights if your siblings disposed of your deceased mother's will and sold your mother property without giving you anything?
Whomever acted as your mother's executor has almost certainly broken the law. Normally a person who dies "intestate" (without a will) would have their estate divided more or less evenly among the next of kin. You should contact an attorney for advice as to how to proceed.
