My father has passed and the probate is in process but I’m confused about how the % levels of heirship is done. With a surviving spouse, 2 previous unions descendants of legal age, and 1 descendant with spouse legal aged. With deceased sole owner of 1 real property & 1 mineral rights both acquired by inheritance not joint industry, how does the %'s breakdown? I’m confused by online information and literally everyone has different numbers. I am grateful for any help available! Thank you
Talk to the executor or the attorney handling the estate. If they are good ones, they can draw out a diagram for you.
Did he have a will? Was the property in joint tenancy at the time of death? If not, the surviving spouse gets 1/3 and the surviving parents and children get the remainder
He died intestate married to his 3rd wife with 2 descendants of the 2nd marriage and 1 descendant from the 3rd, all of them are of legal age and legal heirs by my understanding. All real property was acquired by inheritance from his mother and solely in his name at the time of death. The estates personal representative is the 3rd spouse who is not forthcoming with any information.
Intestate rules will need to be followed. You may need legal eyes to make sure they are followed correctly.
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Yes ma’am Ms. Barnes, will do. A small follow up question, are mineral rights treated the same way as say a house on a piece of land when it’s inherited and not from joint industry (or what the legal term for they acquired it together is)?
If your father inherited the minerals or purchased them before marriage, then it would be extremely unlikely that a spouse could successfully claim joint industry rights.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
Thank you Mr. Winblad, I appreciate the distinction. Merry Christmas
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