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 inheritance of your uncle's homes will depend on the intestacy laws of the states where he lived at the time of his death. In New Mexico, a stepson is considered a descendant under intestacy laws. According to New Mexico's statute (NMSA 1978, § 45-2-103), if there is no surviving spouse, the estate passes to the decedent's descendants. If your uncle had no surviving descendants other than the stepson, the estate would go to him. If there are no descendants, the estate would pass to your uncle's parents or, if they are not alive, to the siblings or their descendants. Therefore, the homes could go to the stepson or your uncle's brother and sister, depending on the specific family dynamics and whether any descendants exist.
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