How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 9695
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
63726236
Type Your Estate Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

My uncle left entire estate to s son, s son died while

Customer Question

my uncle left entire estate to his son, his son died while father was in nursing home. two nieces were temp. guardians, uncle passed away. uncle left strict wishes his step son receive none of his legacy, who had been stealing $ from accts. w/ eronius power attorney papers. one of the nieces is trying to be dishonest and steal. the wife still alive , uncle made sure she had own money, are a brother, sister and numerous nephews & nieces heirs?
Submitted: 12 months ago.
Category: Estate Law
Expert:  LegalGems replied 12 months ago.

I am sorry to hear this;

Was there a will, or is the property going via the laws of intestate succession (ie no will or trust)?

Expert:  LegalGems replied 12 months ago.

If there is a will, then that document would control as to who gets what;

if there is no will, then the laws of intestate succession apply.

First the court would determine what is community property (acquired during the marriage) and what is separate property (acquired prior to the marriage, or inherited during the marriage)

Then, pursuant to section 45-2-102, if there are children, the spouse receives 1/4 of the separate propertyand 1/2 of the community property. If there are no children, then the surviving spouse receives 100% of everything.

Step children only inherit via a will; they do not inherit via intestate succession.

If the surviving spouse "disclaims" (rejects) the inheritance, then it would go to the next of kin; ie to the parents of the deceased; then to the siblings of the deceased, to the nieces/nephews, etc; they try to locate the next of kin and then that group will divide the assets equally. More information here:

http://www.bernco.gov/who-are-the-heirs/

Here is the judge's handbook on probate

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 11 months ago.

Checking in on the above; thanks for using Just Answer!

Related Estate Law Questions