Legal question re inheritance and step-siblings.

[TNDemo]

If someone dies (no spouse, no children, no parents and no will) and the siblings will inherit, do half-siblings have the same claim as full siblings? Does that vary from state to state?

[notadmblnd]

1. when my half sister's father died, she and my mom got the insurance money

nothing came to the rest of us girls. I suppose if he had named us beneficiaries than we would have gotten something. I know that at the time, we wern't offended or slighted by it. It was just the way it was.

[lindisfarne]

2. You really need to either research state-specific information OR consult with a lawyer.Having a will

(that is properly formatted) is always best practice.

Google might help you.

[Laelth]

3. Absent a will, property passes by intestate succession.

Intestate succession law varies by state. Consult a local attorney.

In Georgia, the answer to your question is, basically, no. Blood relatives inherit, not relatives by marriage with the exception of the decedent's actual spouse. Since the decedent you describe had no spouse, only his or her blood siblings would inherit, and, in this context, a "blood sibling" is a product of the same marriage that produced the decedent. Note that adopted siblings count as blood relatives.

But, again, the law of intestate succession in your state may vary.

:dem:

-Laelth


Edit:Laelth--clarity.

Second edit:Laelth--actually responding to the question. :rofl:

[TNDemo]

4. It's a half -sibling, not a step-sibling.

There was one biological parent shared.

[Hepburn]

5. If it is the mutual parent, then under the law in all states with which I am familiar...

...they equally inherit in the absence of a will by their mutual parent. It is irrelevant who the other parent is or was ~~ they are equally related to the mutual parent.

But...I would definitely check with local PROBATE counsel.

[TNDemo]

7. But it's not the parent -

it's a sibling.

[Laelth]

8. Good advice.

Call the local Probate Court. The Judge will know how this works in your state.

:dem:

-Laelth

[gmoney]

6. And brace yourself... it will probably get ugly.

Even with a will, shit gets ugly. No will and no clear heirs... good luck.

If nothing else, it should be a lesson to the rest of the family (and everyone else here on DU for that matter) -- WRITE A DAMNED WILL!

[Geoff R. Casavant]

9. I expect it may vary by state

But if I had to lay odds, I would say that the most common scheme has half-siblings (having only one parent in common with the decedent) inheriting half as much as full siblings.