Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.
Are you asking if the father's entire estate goes to the oldest child if he didn't have a will?
yes but at this point only his real estate remains
are u there
I am here
The answer is no, the estate doesn't go to the oldest child regardless of the type of property.
sorry mine said u was offline
No problem, I was helping someone else. When someone dies without a will then their property passes according to the laws of "intestate succession"
Anything that goes to the children will be divided equally among all children.
ok are there any ways to stop this.
No, that is set by law. The only exception would be if one of the children intentionally caused his death they can't inherit from him.
If he wasn't married and there were 4 children then each of the children would inherit 25%.
Any of the children could decide that they don;t want a share and waive their share, but that would have to be voluntary.
If the real estate was in my fathers name.But it could be proving that the oldest worked and paid for the estate. would that change things? this has been a hard decision to make. Have caught each of them stealing from him and all they are after is to sell the house and get money.
No, whatever remains of the estate after paying debts would still be divided equally. However the oldest might be able to make a claim against the estate for the amount they paid for the property and, in addition, might be able to make a claim on behalf of the estate against the ones who stole.
1 last question if the oldest has power of attorney does that effect this in anyway?
No, the power of attorney ends at the death so it makes no difference at all.
Are you the eldest child?
thank u for your time
You're very welcome.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).