If someone is married and has children but no will and dies who will get their property?
Full Question:
Party A is married with children and has died with no will. Who will get Party A's property?
01/05/2007 |
Category: Wills and Estates |
State: Alabama |
#146
Answer:
In most jurisdictions, if all of Party A's children are also the children of the current spouse, then the spouse will inherit all of Party A's community property. The children will inherit a two-thirds interest in every item of your separate property. The remaining one-third of each item of separate property will go to the spouse, but if the item is real estate, it returns to the children upon the death of the spouse.
If Party A has children from a previous marriage, usually, those children will inherit all of Party A's half of the community property, and the spouse will keep his/her half of the community property. Party A's separate property will be distributed the same way as in the previous paragraph.
