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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2242
Experience:  Experience in estate planning including wills, trusts and succession planning.
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I have a few questions in regards to when someone dies who

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I have a few questions in regards ***** ***** someone dies who doesn't have a will written and has rights to 1/4 of family Property etc

Hello and welcome to JustAnswer. My name is ***** ***** I am an attorney who will try my very best to help with your situation or get you to someone who can. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site.

My condolences on your loss of a loved on. What question do you have for me today?

Customer: replied 11 months ago.
my dumbass aunt who was living in reno passed. She was 1/4 of the estate etc but never wrote a will. When she died it then goes to her husband correct? Then if he dies what happens?

Thank you for the additional information. It is not good to die without a will.

Her estate will go to her surviving husband and her biological children. His share can be controlled by him. Meaning if he has a Will or puts his interest in a trust he can direct where his share goes. If the aunt did not have any children, then it would all go to the husband. If he has no will on his death, then it would go to his children, if none survive him then to his parents if alive if not to his siblings. In other words, his side of the family tree will receive the estate.

All my best and encouragement. Thank you for allowing me to help you with your questions. I realize this was not the answer you were hoping to receive however I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

Customer: replied 11 months ago.
these kids of his who we didn't even know existed now have rights to something that isn't theirs? Cause basically we recieved something saying we owe them a couple hundred thousand bucks and we just found out they existed
Customer: replied 11 months ago.
how do i shut them down?
Customer: replied 11 months ago.
Do they needta have an "accident"? Or is there a better way to do this? Lol.

Just so I am clear, your aunt died, then her surviving husband died? Did your aunt have children that survived her?

Customer: replied 11 months ago.
Only one that she gave up for adoption a long time ago. Now we're having to sell our cabin and the main family property is at risk.

So the aunt's husband is dead as well and his supposed children are asking for their inheritance?

Customer: replied 11 months ago.
He's dead as well and aparently from what I've been told the courts automatically start the process? Doesn't sound right to me.

Yeah this is a complete mess and I am very sorry. Really the only way to stop this is to prove they are not his children. When the estate went to him it became his and cut off her side of the lineage and that is very unfortunately and unfortunately makes you a poster child of why folks need to make a will, especially when it screws up a family owned property.

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