Who inherits Party A's property after their death without a will?

Full question:

Party A is married with children and has died with no will. Who will get Party A's property?

Answer:

In most jurisdictions, if all of Party A's children are also the children of the current spouse, the spouse inherits all of Party A's community property. The children will receive a two-thirds interest in Party A's separate property, while the spouse gets the remaining one-third. If the separate property includes real estate, it will return to the children upon the spouse's death.

If Party A has children from a previous marriage, those children typically inherit all of Party A's half of the community property, while the current spouse retains their half. Party A's separate property will be distributed similarly, with the spouse receiving one-third and the children two-thirds.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, children generally have a right to inherit from their parents if there is no will. In most cases, the law dictates how property is divided among heirs. If a parent dies without a will, their children typically inherit a portion of the estate, especially if the surviving spouse is also a parent of those children.