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If someone is married and has children but no will and dies who will get their property?

If someone is married and has children but no will and dies who will get their property?

Q: Do adult children automatically inherit?

Yes, adult children can inherit from their deceased parents if there is no will. The distribution of the estate will depend on state laws regarding intestate succession, which typically grant a share of the estate to surviving children.

Q: Do adult children inherit?

Adult children do inherit from their parents under intestate succession laws if the parent dies without a will. The specific share they receive may vary based on whether there is a surviving spouse and the number of children involved.

Q: Who is first in line for inheritance?

Typically, the first in line for inheritance are the deceased's spouse and children. If there is no spouse or children, other relatives such as parents or siblings may inherit next, depending on state laws.

Q: Can an executor decide who gets what if there is no will?

No, an executor cannot unilaterally decide who gets what if there is no will. They are required to follow state intestacy laws, which dictate how the estate is distributed among heirs. The executor's role is to manage the estate according to these laws.

Full question:

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

Category: Wills and Estates
Date: 04/07/2025
State: Alabama

Answer:

In most jurisdictions, if all of Party A's children are also the children of the current spouse, then the spouse will inherit all of Party A's community property. The children will inherit a two-thirds interest in every item of your separate property. The remaining one-third of each item of separate property will go to the spouse, but if the item is real estate, it returns to the children upon the death of the spouse.

If Party A has children from a previous marriage, usually, those children will inherit all of Party A's half of the community property, and the spouse will keep his/her half of the community property. Party A's separate property will be distributed the same way as in the previous paragraph.

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

Do children automatically get inheritance?

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.