Full question:
My father has no will. If he dies before my step mom, how is the estate handled? Does she get it all or does his kids get a share? How does this all work!
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Idaho
Answer:
If a parent dies without a will and has living children, the surviving spouse typically receives half of the estate. According to Idaho law:
1. If there are no surviving children or parents, the spouse inherits the entire estate.
2. If there are surviving parents, the spouse gets half of the estate.
3. If there are surviving children, the spouse also receives half of the estate.
The remaining portion of the estate, not going to the spouse, is distributed to the decedent's children. They inherit equally if they are of the same degree of kinship. If not, those of more remote degree inherit by representation.
For more details, refer to Idaho Code sections 15-2-102 and 15-2-103. Users can search for state-specific legal templates at .
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.