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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33759
Experience:  Began practicing law in 1992
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If my father passed without a will. He has 4 children. 1from

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If my father passed without a will. He has 4 children. 1from early marriage. 3 from last marriage. Was not married when he passed. Is it possible that his estate can go to the oldest of the 4 of us?

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Are you asking if the father's entire estate goes to the oldest child if he didn't have a will?

Customer:

yes but at this point only his real estate remains

Customer:

are u there

JD 1992 :

I am here

JD 1992 :

The answer is no, the estate doesn't go to the oldest child regardless of the type of property.

Customer:

sorry mine said u was offline

JD 1992 :

No problem, I was helping someone else. When someone dies without a will then their property passes according to the laws of "intestate succession"

JD 1992 :

Anything that goes to the children will be divided equally among all children.

Customer:

ok are there any ways to stop this.

JD 1992 :

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.

JD 1992 :

If he wasn't married and there were 4 children then each of the children would inherit 25%.

JD 1992 :

Any of the children could decide that they don;t want a share and waive their share, but that would have to be voluntary.

Customer:

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.

JD 1992 :

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.

Customer:

1 last question if the oldest has power of attorney does that effect this in anyway?

JD 1992 :

No, the power of attorney ends at the death so it makes no difference at all.

JD 1992 :

Are you the eldest child?

Customer:

thank u for your time

JD 1992 :

You're very welcome.

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