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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 10338
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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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: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year 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 1 year 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:

Here is the judge's handbook on probate

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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 1 year ago.

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