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When my uncle died intestate in NJ with no children parents and unmarried but left surviving a brother and had a deceased sister does her 2 children inherit her share?
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∙ 14y ago
Generally, under the laws of intestacy, the siblings would take an equal share in the estate and the children of any sibling who predeceased the decedent. Laws vary from state to state. You can check your state laws of intestacy at the related question link provided below.
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What rights does wife have to inheritance of husband in state of texas?
Intestacy in Texas: Decedent had no will(b) Intestate Leaving Husband or Wife.Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.You can read the entire statute at the related link.Intestacy in Texas: Decedent had no will(b) Intestate Leaving Husband or Wife.Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.You can read the entire statute at the related link.Intestacy in Texas: Decedent had no will(b) Intestate Leaving Husband or Wife.Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.You can read the entire statute at the related link.Intestacy in Texas: Decedent had no will(b) Intestate Leaving Husband or Wife.Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.You can read the entire statute at the related link.
In Florida if your husband dies what happens to your property?
If the deed is in JOINT ownership, the survivor gets it automatically. If there is a will, the property goes to whomever it is willed to. If there is no will, the laws of intestacy apply, giving the spouse a share and surviving children a share.
How can the descendants of deceased children whom committed suicide be excluded from the inheritance if there is no will?
Generally, when a person dies intestate their property descends to their spouse and children. However, in certain states the surviving spouse inherits all the property. In the states where the surviving spouse AND children inherit, the children of any deceased child would take their parent's share. You can check the laws of your state at the related question link provided below.
If a married woman with three children dies intestate how would her property be distributed?
" If there is no will , the procedure used for transferring property the deceased propert to his/her heirs is called Intestate succession. In the state of California the rules for dividing property are complex and dependent upon the relationship of kin: separate property: if the decedent has no will and leaves a spouse and one child, property is divided equally, 50-50. if there is a surviving spouse and two children, 1/3 goes to the spouse and 2/3 to the children. if there is no surviving spouse, property is divided qually among the children."
If father remarried has children from second marriage and adult children from previous marriage are all the children entitled to inherit under Texas law?
Generally yes if your dad dies intestate. In Texas the intestacy law is as follows (please note especially the bold sections): Sec. 38. PERSONS WHO TAKE UPON INTESTACY. (a) Intestate Leaving No Husband or Wife. Where any person, having title to any estate, real, personal or mixed, shall die intestate, leaving no husband or wife, it shall descend and pass in parcenary to his kindred, male and female, in the following course: 1. To his children and their descendants. 2. If there be no children nor their descendants, then to his father and mother, in equal portions. But if only the father or mother survive the intestate, then his estate shall be divided into two equal portions, one of which shall pass to such survivor, and the other half shall pass to the brothers and sisters of the deceased, and to their descendants; but if there be none such, then the whole estate shall be inherited by the surviving father or mother. 3. If there be neither father nor mother, then the whole of such estate shall pass to the brothers and sisters of the intestate, and to their descendants. 4. If there be none of the kindred aforesaid, then the inheritance shall be divided into two moieties, one of which shall go to the paternal and the other to the maternal kindred, in the following course: To the grandfather and grandmother in equal portions, but if only one of these be living, then the estate shall be divided into two equal parts, one of which shall go to such survivor, and the other shall go to the descendant or descendants of such deceased grandfather or grandmother. If there be no such descendants, then the whole estate shall be inherited by the surviving grandfather or grandmother. If there be no surviving grandfather or grandmother, then the whole of such estate shall go to their descendants, and so on without end, passing in like manner to the nearest lineal ancestors and their descendants. ===(b) Intestate Leaving Husband or Wife.=== Where any person having title to any estate, real, personal or mixed, ===other than a community estate,=== shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows: 1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants. 2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate. Sec. 41. MATTERS AFFECTING AND NOT AFFECTING THE RIGHT TO INHERIT. (b) Heirs of Whole and Half Blood. In situations where the inheritance passes to the collateral kindred of the intestate, if part of such collateral be of the whole blood, and the other part be of the half blood only, of the intestate, each of those of half blood shall inherit only half so much as each of those of the whole blood; but if all be of the half blood, they shall have whole portions. Sec. 43. DETERMINATION OF PER CAPITA AND PER STIRPES DISTRIBUTION. When the intestate's children, descendants, brothers, sisters, uncles, aunts, or any other relatives of the deceased standing in the first or same degree alone come into the distribution upon intestacy, they shall take per capita, namely: by persons; and, when a part of them being dead and a part living, the descendants of those dead shall have right to distribution upon intestacy, such descendants shall inherit only such portion of said property as the parent through whom they inherit would be entitled to if alive. ===Sec. 45. COMMUNITY ESTATE.=== (a) On the intestate death of one of the spouses to a marriage, the community property estate of the deceased spouse passes to the surviving spouse if: (1) no child or other descendant of the deceased spouse survives the deceased spouse; or (2) all surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse. (b) On the intestate death of one of the spouses to a marriage, ===if a child or other descendant of the deceased spouse survives the deceased spouse and the child or descendant is not a child or descendant of the surviving spouse, one-half of the community estate is retained by the surviving spouse and the other one-half passes to the children or descendants of the deceased spouse.=== The descendants shall inherit only such portion of said property to which they would be entitled under Section 43 of this code. In every case, the community estate passes charged with the debts against it.
In Ohio when a spouse who is solely on mortgage dies does surviving spouse get the house?
If your spouse died intestate (without a will) the property would pass as follows: 105.06. Ohio Statute of descent and distribution. When a person dies intestate having title or right to any personal property, or to any real estate or inheritance, in this state, the personal property shall be distributed, and the real estate or inheritance shall descend and pass in parcenary, except as otherwise provided by law, in the following course: (A) If there is no surviving spouse, to the children of the intestate or their lineal descendants, per stirpes; (B) If there is a spouse and one or more children of the decedent or their lineal descendants surviving, and all of the decedent's children who survive or have lineal descendants surviving also are children of the surviving spouse, then the whole to the surviving spouse; (C) If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is not the natural or adoptive parent of the decedent's child, the first twenty thousand dollars plus one-half of the balance of the intestate estate to the spouse and the remainder to the child or the child's lineal descendants, per stirpes; (D) If there is a spouse and more than one child or their lineal descendants surviving, the first sixty thousand dollars if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first twenty thousand dollars if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate to the spouse and the remainder to the children equally, or to the lineal descendants of any deceased child, per stirpes; (E) If there are no children or their lineal descendants, then the whole to the surviving spouse; (F) If there is no spouse and no children or their lineal descendants, to the parents of the intestate equally, or to the surviving parent; (G) If there is no spouse, no children or their lineal descendants, and no parent surviving, to the brothers and sisters, whether of the whole or of the half blood of the intestate, or their lineal descendants, per stirpes; (H) If there are no brothers or sisters or their lineal descendants, one-half to the paternal grandparents of the intestate equally, or to the survivor of them, and one-half to the maternal grandparents of the intestate equally, or to the survivor of them; (I) If there is no paternal grandparent or no maternal grandparent, one-half to the lineal descendants of the deceased grandparents, per stirpes; if there are no such lineal descendants, then to the surviving grandparents or their lineal descendants, per stirpes; if there are no surviving grandparents or their lineal descendants, then to the next of kin of the intestate, provided there shall be no representation among such next of kin; (J) If there are no next of kin, to stepchildren or their lineal descendants, per stirpes; (K) If there are no stepchildren or their lineal descendants, escheat to the state.
Who gets insurance money if deceased had children not children of surviving spouse and no named beneficiary?
The proceeds would be paid to the estate and then would pass according to the provisions in the will or the state laws of intestacy if there is no will. Generally those children would inherit an intestate share. You can check the laws of intestacy for your state at the related question link provided below.
What is meaning of plaintiff's intestate?
Plaintiff's intestate refers to a situation in a lawsuit where the plaintiff has passed away without leaving a valid will or estate plan to specify how their assets and affairs should be handled. In such cases, the court may appoint a representative to manage the deceased person's estate and pursue the legal claim on their behalf.
What happens if a surviving step-mother refuses to give assets to the children of the deceased as decreed in the deceased's will?
She is interfering with the distribution of the estate. She can be sued.
Will a surviving spouse inherit home in deceased spouse name in PA?
Pennsylvania: 2102. Share of surviving spouse. The intestate share of a decedent's surviving spouse is: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate. (2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. Notwithstanding the foregoing, in the case of a decedent who died as a result of the terrorist attacks of September 11, 2001, a surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act (Public Law 107-42, 115 Stat. 230). (3) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate. (4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate. (5) In case of partial intestacy any property received by the surviving spouse under the will shall satisfy pro tanto the $30,000 allowance under paragraphs (2) and (3). 2103. Shares of others than surviving spouse. The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order: (1) Issue.--To the issue of the decedent. (2) Parents.--If no issue survives the decedent, then to the parents or parent of the decedent. (3) Brothers, sisters, or their issue.--If no parent survives the decedent, then to the issue of each of the decedent's parents. (4) Grandparents.--If no issue of either of the decedent's parents but at least one grandparent survives the decedent, then half to the paternal grandparents or grandparent, or if both are dead, to the children of each of them and the children of the deceased children of each of them, and half to the maternal grandparents or grandparent, or if both are dead to the children of each of them and the children of the deceased children of each of them. If both of the paternal grandparents or both of the maternal grandparents are dead leaving no child or grandchild to survive the decedent, the half which would have passed to them or to their children and grandchildren shall be added to the half passing to the grandparents or grandparent or to their children and grandchildren on the other side. (5) Uncles, aunts and their children, and grandchildren.--If no grandparent survives the decedent, then to the uncles and aunts and the children and grandchildren of deceased uncles and aunts of the decedent as provided in section 2104(1) (relating to taking in different degrees). (6) Commonwealth.--In default of all persons hereinbefore described, then to the Commonwealth of Pennsylvania.
Parents willed estate to surviving children does this exclude deceased children?
If the exact wording is "to my surving children", then all other children who predeceased the testator or out.
Are children of deceased given priority over mother of deceased?
Yes, children have priority over the mother of the deceased. They are the descendants it get priorty second only to a surviving spouse. Even without a will the spouse will come first, then children. Parents are next, then siblings.
