If our brother dies who would be legally entitled to the house if he leaves no will?

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AJ O	It would be his next of kin. But if he doesn't have any then in most cases it would go to the oldest surviving brother or sister Was this answer helpful to you? Yes / No

velcropap	i've always heard if no will then the state gets it and divides. one of the reasons everyone should have a will. Was this answer helpful to you? Yes / No

julie t	it depends on the value of the house it should be shared between all of his siblings unless he has a family ie wife or children however it can go to the government if no will is made check out the bbc website and look up heir hunters they may give you a better idea Was this answer helpful to you? Yes / No

Daisyhill	Between you all. Was this answer helpful to you? Yes / No

Dana B	Many people have said if he dies without a will it goes to the state. NOT TRUE!!!!!!! The state simply has statutes that specify where one's property goes if one dies without a will, the state doesn't actually get the property. In my state, if one is married and has children, then property would go to the spouse and children. If there is no spouse and there are no children, then (again, this is in my state) his property would go to his parents, or, if they are dead, split equally among his siblings and the children of any deceased siblings. This may or may not be true where you live, but I doubt that it's radically different. Instead of just wondering about this why don't you encourage your brother to make a will? Was this answer helpful to you? Yes / No

vickygri	strange question tbh.. like you're plannin to kill him.. but usually it is divided between the closest relatives.. Was this answer helpful to you? Yes / No

muppet	If your brother passed away before your Parents and left no Will his estate would go to your Mother ( i know it happened to me) Was this answer helpful to you? Yes / No

Arthur B	It would be divided between you all. Was this answer helpful to you? Yes / No

Louie	It depends on the state/country you're in, because each jurisdiction has its own laws about this subject. The most common type of statute in the US would provide that the house would go to his wife, if no wife then his kids, if no kids then his parents, if no parents then his siblings, and so on. Generally, state law will give the property to a blood relative--just about ANY blood relative--before it would go to the state. Was this answer helpful to you? Yes / No

Marcus	In the UK - If somebody dies intestate the executors, (family solicitor or solicitor appointed by the court), has to put a notice in the local press. Anybody thinking they are entitled has to come forward by a set date. In your case the debts are paid and the estate is divided equally between you all and the execution is recorded with probate. If any party disagrees with the execution they can go to court and ask for a stay in which case the crown will adjudicate. Should one person wish to buy the others share of the house this is permissible, they just need a mortgage. If there is an argument it is sold and shared equally. Solicitors fees will be deducted before any final reckoning, so you are better off either having a written will or agreeing amongst yourselves in advance. Was this answer helpful to you? Yes / No

daria	He would die intestate and his assets would go to probate. His debts would be paid off first, but you should apply for financial provision if there is anything left, unless he has family of his own, they would come before you.Visit a citizens advice bureau for more information, free of charge. Was this answer helpful to you? Yes / No

Patches6	Have mom go for a trust then she can rethink about the situation. Do not let situation go on without a will. The state gets the property if left without a will. Was this answer helpful to you? Yes / No

madlibz	If there is no will his spouse if he has one at the time will get a % of his property. the rest would go to his children. As far as brothers and sisters I don't believe you will have any legal responsibility or privilege to anything he owns or is worth If you are so worried have your mom change her will so that the house could be sold and you equally get a cut. Was this answer helpful to you? Yes / No

Phil Anders	it goes to Probate. The State decides who gets what, if no will & no family trust. Was this answer helpful to you? Yes / No

Barry auh2o	That would be up to the courts to decide, and what they decide might not necessarily be what makes everybody happy. Get a will NOW!!! Even with a will, probate takes forever. Without a will, you're at the mercy of pencil pushers who take forever to get anything done. With property involved and no will, it could take YEARS for it to get through probate. The couple hundred bucks you'd pay to an attorney to make up a will could prove to be worth every penny. Was this answer helpful to you? Yes / No

rebel	his wife Was this answer helpful to you? Yes / No

rickinnocal	Every State has its own "rules of intestacy". In general the sequence is; 1) Spouse (In some States the spouse gets it all, in some she shares with children) 2) Children (if a child predeceases his parent, but has children of his own, they share his portion) 3) Parents 4) Siblings (If a sibling is dead, but leaves children, they get his share) 5) Uncles and Aunts (Same rule about predeceasing) After that, some states go further up and down the tree, in some it defaults to the State. Richard Was this answer helpful to you? Yes / No

dels replies	Divided between all of you , Not only the house but all of his estate But other relatives might also have a claim .. So it is best if a will is made... Was this answer helpful to you? Yes / No

lynnard	Should go to his closest living relatives. Was this answer helpful to you? Yes / No

DAVID R	If Dad and Mum die the house will go to the eldest next of kin. Was this answer helpful to you? Yes / No

diamonds	it would go to the remaining children equally.....after going to probate...but you would have to claim your shares i would think. i know it's not my business..but strange they should leave their house to one of their children & not all of them. Was this answer helpful to you? Yes / No

fantasia.	No it would be divided between the three of you. If the property is over £320,000 (may be slightly more) you would have to send it for Probate and probably pay I think about 40% tax. It would be better if you had a Will made as soon as possible. If you are Indian, Indian law does not apply in England and since 1961 (?) or aroundabout girls are legally entitled to a fair share of the property. It does not all go to the male heir. Was this answer helpful to you? Yes / No

Scouse	Divided between you all. but don't bump him off I think that would disqualify you Was this answer helpful to you? Yes / No

Max Power	All siblings would be treated equally , as they all have the same relationship to each other Was this answer helpful to you? Yes / No

regerugged	The state where the house is located will decide how the estate will be divided. Having a will is much better and easier. Was this answer helpful to you? Yes / No

sungod72	If he dies intestate(without a will), generally it will go to his children if he has any, if not it goes to parents, finally to siblings. This is the procedure in most states, it is set by statute. Was this answer helpful to you? Yes / No

davidmi711	Depends on where you live. Each state and country have different laws concerning what happens when someone dies without a will. The original source of the house is irrelevant. Once it is his, it is his. In most places I have checked, his assets would go to his wife, and if not married his children. If he has none, they may very well go to the state. Was this answer helpful to you? Yes / No