Q: Can the siblings of the deceased take away from the children of the deceased? Uncle left no will.
He had no will. 2 surviving adult daughters, sister and brother. He left 2 houses, cars, trucks, and bank account. His daughters are about to open probate and the siblings said they will contest it. What can his daughters do? Before getting passed, he gave his daughter a house. After he passed the brother says he told him that he can have his newly purchased truck. He left a T.O.D. on the title to his newly purchased Polaris in his daughter name.. Do the siblings have any tights over the adult daughters?
A: In the absence of a will, a person passes away "intestate", meaning "without a will". Intestate estates pass to the spouse and children; if there is no spouse, then to the children, in equal shares. The first step for children of the deceased is to open an estate. The person named by the court as an administrator would have control over the assets of the decedent that remain in the estate. if a third party claims an asset as theirs through a lifetime gift, it would be for them to make such a claim and for the probate judge to decide. If the deceased intended to make a gift of a vehicle, he could have transferred the title, made a transfer on death (TOD) title, or written a will. A judge could be expected to weigh the lack of those actions when making a decision. The daughters should visit with an attorney and make an informed decision about how to proceed.
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