My son and his wife died in car crash and had no Children or Will. Who receives their property?
Full Question:
My son and his wife died in car crash. Both them were residents of Casper, Wyoming. My son was working as a paralegal and his wife was an investment banker and they owned substantial assets individually. They never left a will behind. How will their property be divided per the law in Wyoming?
12/29/2016 |
Category: Wills and Es... ยป Intestacy |
State: Wyoming |
#29047
Answer:
“(a) Whenever any person having title to any real or personal property having the nature or legal character of real estate or personal estate undisposed of, and not otherwise limited by marriage settlement, dies intestate, the estate shall descend and be distributed in parcenary to his kindred, male and female, subject to the payment of his debts, in the following course and manner:
(i) If the intestate leaves husband or wife and children, or the descendents of any children surviving, one-half (1/2) of the estate shall descend to the surviving husband or wife, and the residue thereof to the surviving children and descendents of children, as hereinafter limited;
(ii) If the intestate leaves husband or wife and no child nor descendents of any child, then the real and personal estate of the intestate shall descend and vest in the surviving husband or wife.
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(c) Except in cases above enumerated, the estate of any intestate shall descend and be distributed as follows:
(i) To his children surviving, and the descendents of his children who are dead, the descendents collectively taking the share which their parents would have taken if living;
(ii) If there are no children, nor their descendents, then to his father, mother, brothers and sisters, and to the descendents of brothers and sisters who are dead, the descendents collectively taking the share which their parents would have taken if living, in equal parts;
(iii) If there are no children nor their descendents, nor father, mother, brothers, sisters, nor descendents of deceased brothers and sisters, nor husband nor wife, living, then to the grandfather, grandmother, uncles, aunts and their descendents, the descendents taking collectively, the share of their immediate ancestors, in equal parts.”
In the case at hand, the property of the decedents shall divulge on their families in the following manner:
1. The deceased husband’s property shall be divided equally, per stripes, among his surviving parents and siblings.
2. The deceased wife’s property shall be divided equally, per stripes, among her surviving parents and siblings.