My father died. Who gets his money if there was no will?

Question

The state owed my father money so they sent a check while he was in the hospital on the respirator. My father owed back child support money for my brother who is 16. However my grandfather or either my half-brother was the person who made decisions for my father while he was ill. There was no will. How do they determine who receives the money? And what if someone has illegally spent the money already or cashed the check?

Update:

Well, there no wife. Only an ex wife. Three kids and two are over 18. The youngest is still a minor.

wizjp · Accepted Answer

uh.... if someone cashed the check, you have fraud.

Someone needs to check with the county probate office. Some small estates without wills can  be resolved by affidavits; most need to have an intestate estate opened, and administrator appointed, bills paid, checks accounted for, and the left over funds if any, distributed according to your state's intestancy devise orders.

moosederchi · Answer

It goes to a spouse first. If the spouse has died then it goes to the children who will have to split it. Once your father passed away the money the government sent is now the next of kins (spouse or children) Once he passed away he does not have to pay back child support because the money now belongs to someone else.

lil_sweethart85 · Answer

Usually the next of kin which is the closest relative. Like his wife. Beyond that I'm not sure. You have my  condolences.

Josh C · Answer

the state will tax it and then divide it among the family members equally

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My father died. Who gets his money if there was no will?

4 Answers