What if my parents die without doing the will and we are three kids one son and two daughters out which both o

Question

What if my parents die without doing the will and we are three kids one son and two daughters out which both o

Answer 1

Sunny as your name suggest you are Indian guy in India want to clarify this aspect from Indian law point of view. Yes in case your parents die intestate i.e. without leaving a 'Will' or any such testamentary document, in that case according to Hindu Succession Act,1956 if you are Hindu family then all the sons & daughters of your parents being Class 1 Heir will get one share each of the property of father as well mother. In any one of the legal heir want to forgo his or her share then that share will be equally distributed amongst the other legal heir. The legal heir whether married or unmarried doesn't make any difference as they become legal heir of their parent's property by virtue of their birth, age & the marital status hardly effect their legal right over any such property of their parents who die Intestate i.e. without leaving a 'Will".

Answer 2

You all get an equal share of or equal interest in their property.

Answer 3

make sure there are no vultures hanging round to tie up proceedings, speak to your parents about a will as there may be legal barriers to cross, taxes, etc. incidentially if 2 parents die at the same time , a world wide law proclaims that the  eldest is the 1st. one to die, so take that into account if other relatives are around. believe you me when money is involved loyalty and honour goes out the window

Answer 4

Things would still be sorted out between you guys

Answer 5

Depending on which state you live in, the estate will first go to a surviving spouse.  If both die at the same time or close to it, then the estate will be divided equally between the three of you.  Unless one of you contest the will, then it will be tied up in probate for years.

Answer 6

Such a situation is called an 'Intestacy" or an "intestate Estate."  There would be laws in your jurisdiction that would state how the estate must be divided.  In my jurisdiction, the estate first passes to the spouse if there is one, if no spouse exists, then to any biological children, if no children then to other family - but I'm not sure how they sort out that exactly.  If your parents don't have a will - please encourage them both to make one.  I have had to handle an intestacy before and trust me it isn't very fun.  Even with a will you can have a lot of battles between brothers and sisters.  I've seen this when my grandparents died.  Lots of squabbling and really bad behaviour.  You really want to avoid that if you can.

Answer 7

Without involving any outsider you as family members can talk and sort out the issue. That is not a very serious issue.