[Robertscheferus]

I have to deal with a parent who died with no will?
Any guidance on resources and where to get started. :confused:

[Clough]

I don't know where you live, but if in the U.S. you may find the following resources to be helpful in order to get you started. The first thing that you need to do is get an attorney.

From the following site: CCH Financial Planning Toolkit | Dying Without a Will

Dying Without a Will

I swear that, as soon as we get into port, I'll see about getting that will made. - Anonymous passenger aboard the Titanic.

In life, making no choice can often be the same as actually making a choice. The same applies in death.

If a person dies without a will or a will turns out to be invalid, two things can happen. The first and more preferable scenario is that all of a deceased's assets are split up in an orderly fashion by those closest to the deceased. Common ways that this may happen automatically are when assets have a right of survivorship feature (e.g. checking accounts and jointly owned real estate) or when the assets name beneficiaries (e.g. retirement plans and life insurance policies). Less formally, the distribution of assets occurs when relatives decide who gets what and throw out the rest.

The second way assets get distributed when a person dies without a will is according to the default rules of the state where the deceased resided. These rules are generically referred to as intestate succession laws, statutes of descent, or rules of descent and distribution. Whatever their name, though, they can really stink for those caught unawares.

State governments are in the business of trying to impose an orderly run society and intestate succession laws are just a part of this process. Intestate succession laws usually come into play when relatives have to go through probate to claim ownership of assets (e.g. money in a bank account in that is in the deceased's name only) or when relatives fight over assets that they didn't get. A state doesn't want unused assets just wasting away or fights to break out over who gets what. Instead, who gets what is spelled out and followed precisely. In addition, each state has a vested interest in the process because they claim any unclaimed assets.

The good thing about intestate succession laws is that they usually mirror the deceased's wishes anyway. For example, a surviving spouse is usually first in line to inherit, followed by close relatives like children, parents, and siblings.

The bad thing about dying intestate (other than dying, of course) is that a state's default rules may not go far enough to meet a deceased's distribution wishes. For example, although a surviving spouse is generally first in line to inherit, the spouse may end up having to share the estate with other relatives of the deceased. Also, if you are not on the list of potential heirs, than you are out of luck (which may result in excluding a "life partner," lifelong friend, or favorite charity). The final indignity is that, if there are no relatives of the deceased available, the state ends up with (and most likely squanders) the assets the deceased spent a lifetime acquiring.

Each state has its own set of intestate succession laws. Although there are many similarities, there are also many potential variations as well. To find out what your state's intestate succession laws have in store for your loved ones, consult the map below.

Some other links to sites:

Property - Dying Without a Will

Welcome to Dying Without a Will Page!

Intestacy - Dying Without a Will

dying without a will - Google Search

[Fr_Chuck]

Well not much to add after that answer, one of the best I have seen on this.

But a lot you did not say, what sort of property is involved. Is there bank accounts, houses, cars and the such. Are any bank accounts in joint names. But basically if there is no will you will divide the property by the rules of the state.