Brother has no will

Asked almost 2 years ago - Wilmington, DE

Brother has no children, spouse, or parents. If has no will would I get his estate according to delaware law

Attorney answers (3)

  1. Laurence I Levinson

    Contributor Level 5


    Lawyer agrees

    Answered . If someone dies without a will, any property that would be controlled by a will will pass by laws of intestacy of the State of Delaware. The laws outline a pattern of distribution for different circumstances. Delaware's intestacy laws may be found at 12 Del. C. sec. 501 et. seq. Go to the State of Delaware website to fine the online Delaware code.
    Note that property passing by beneficiary or joint tenancy or TOD is not controlled by the laws of intestacy or a will.

  2. James P. Frederick

    Contributor Level 20


    Lawyer agrees

    Answered . Without knowing more facts, it would appear that you and any other siblings you have would share equally in the estate. Of course, there are better ways to handle this, and avoiding probate would save you a great deal of money, not to mention the hassle. If your brother has capacity and wants to make his intentions clear, he should meet with an estate planning attorney and get this taken care of.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  3. Matthew Erik Johnson

    Contributor Level 17

    Answered . Mr. Frederick said it all. Without more, you get it all

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale... more

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