No Will? Then Who Inherits Your Estate?

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If you do not have a will, who will inherit your property (i.e., your estate) when you die?

Here are some common scenarios.

1. You’re married with children – Your spouse will inherit your property.  MUPC § 2-102(1)(ii)

2.  You’re married without children and without a surviving parent – Your spouse will inherit your property. MUPC § 2-102(1)(i)

3.  You’re married without children but one or both of your parents outlive you – Your spouse will inherit the first $200,000 and ¾ of any balance of the estate.  Your parents will receive the remaining ¼.  MUPC § 2-102(2)

4.  You’re married and you or your spouse has a child from a previous partner – Your spouse will inherit the first $100,000 and ½ of any balance of the estate.  MUPC § 2-102 (3) and (4)

5.  You’re not married but you have children – Your children will inherit your estate.  MUPC § 2-103(1)

6.  You’re not married and you do not have children – Your parents will inherit your property.  MUPC § 2-103(2)

7.  You’re not married and you do not have children or parents – Your siblings will inherit your estate.  MUPC § 2-103(3)

8.  You’re not married and you do not have children, parents or siblings – Your estate will then go to your “next of kin.”  MUPC § 2-103(4)

If you have any questions about the probate process or estate planning, please contact me at justin@jrmccarthy.com.

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