No will and testament?

Question

my father inlaw has been passed for a month now and there seems to be no will found.how does all his assets and personal belongings get divided up and who has the right

Answer 1

His assets and belongings will go to his estate, which will be responsible for settling his debts and obligations.  Depending on what state you live in, the remainder will generally pass on to his spouse who can then divide it as they see fit.  If your spouse concerned because their father was not married I would contact a lawyer immediately.  They will make sure that all the proper laws are followed and save you many headaches.

Sorry for your loss.

Answer 2

With no will, a judge will decide.  First, the judge appoints an executor or administrator for his estate.  The administrator will compile a list of assets, and debts.  The assets will be liquidated to pay off all debts, and any remaining assets will be distributed to the heirs in accordance with state law.  

In other words, the judge will distribute it.  If there's a surviving spouse, they'll get anywhere between half, and all of the estate.

Answer 3

The estate will have to go through an intestate proceeding through probate court. Get an attorney.