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It will depend upon the intestate laws of the state. In most cases the property and estate will be divided between the surviving family. If the spouse is still living, she will get the estate. Some states cut it in half and the spouse gets half and the other half is divided between the children. Consult a probate attorney in your state for the rules that apply.

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16y ago
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12y ago

The best way to find out for sure is to check the intestacy statutes in your state, and/or consult an estate attorney. Many (if not most) states give divorced spouses no legal rights to the estate of the decedent spouse, whether or not there is a will in place. The law would treat the surviving divorced spouse as though she had predeceased the deceased divorced spouse. If there is no will, then the intestacy statutes will determine who inherits the estate, but it will usually be the direct descendents (e.g. children and grandchildren) if any, followed by surviving parents, then surviving siblings, and so forth.

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14y ago

If you have an interest in the estate it would be under the laws of intestacy in the state where your father died or where he owned real property. You can check the state laws that govern intestacy at the related question link below.

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15y ago

I think in South Carolina,the state gets the property and disposes of it.i.e. auction or whatever. It pays the taxes and creditors,if any. Not sure where the rest goes to.Good question!!!

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14y ago

Each state or country has an intestacy law that specifies how the estate will be distributed if there is no will.

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10y ago

The jurisdiction will have intestacy laws. They will specify how the estate is distributed.

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11y ago

The heirs of the deceased person.

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Anonymous

Lvl 1
3y ago

Govermen

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Anonymous

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3y ago

Mother

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Q: Who inherits an Estate with no will?
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