Tuesday, May 25, 2010

Mother died,her half of house goes to hus. one of her sons died what happens to his share?

what happens to son that died
Answer:
--the son's children or spouse or both depending on the laws of the state where the house is located.
It depends on whether or not a Will was left, and if not, what the Laws of Intestacy for that particular state say.

I'm not clear on what your scenario is. If her half of the house went to her spouse, there is no share for the children, living or dead.

Obviously the dead don't inherit, but whether or not their children inherit in their place depends on the Will or Laws of Intestacy.

Anyway, you didn't give near enough facts to give you a decent answer. It would be a good Bar Exam question, though.
That depends solely on the inheritance laws of your state. In Many states, if either spouse dies, the estate goes to the surviving spouse, not the children.(If there is no will). If there is a will, and half DOES go to the children,if there are any other brothers and sisters, they will share in the half. If there are no siblings, the half will go to the son`s (who inherited) wife. If he had no wife or offspring, the half would revert to the parent (He/she would get it all).
Assuming that the son in the question was not the child of the husband, then his share of the house would go to his spouse, if any, or to his children, if any. Failing that, a table of consanguinity is used to locate other potential heirs. If there is absolutely nobody to take it, it escheats to the State.

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