Full question:
Last week my uncle died. He does not have a will. He has no other children except a step son who is over 18 but never adopted him. My uncle has a home in New Mexico and in California. Do the homes go to the step son or my uncles brother and sister?
- Category: Wills and Estates
- Date:
- State: National
Answer:
The answer would be determined by the laws of the state where the deceased resided when he died. A stepson would be considered a descendant under NM intestacy laws. For example, in NM, the following statute applies:
45-2-103. Share of heirs other than surviving spouse.
(1993)Any part of the intestate estate not passing to the decedent's surviving spouse pursuant to Section 45-2-102 NMSA 1978, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:
A. to the decedent's descendants by representation;
B. if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent;
C. if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation; and
D. if there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation, and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
45-2-107. Kindred of half blood. (1975) Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
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.
