Do I get anything out of my Moms a state if she died without a will?
Moms a state if she died without a will
4 attorney answers
Yes. Her children are entitled to some, if not all, of her estate. A probate case will have to be opened in most cases. Best wishes.
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In WA, when a person dies intestate (without a valid will), the intestate statute provides who gets what from the decedent's estate.
Also, by holding title in certain ways and by using pay on death designations, the decedent may die without anything that needs to go through probate.
The intestate statute provides that the surviving spouse gets all community properties between the surviving spouse and the decedent spouse. The intestate statute provides that the decedent's issues get a percentage of the separate properties of the decedent.
So, there are many ways that result in you getting nothing from your mother's estate if she dies intestate.
You can review the specific facts with your attorney to find out your legal options.
You are likely entitled to an intestate share of whatever her estate consists of under the laws in Washington State. What that share is will depend on who survived her, how her property was titled, whether her accounts have rights of survivorship attached or if they designated beneficiaries, etc.
It sounds complicated becuase it is, so if you have questions or aprehensions about this, you should consult a probate attorney to help walk you through the process.