In Idaho, intestacy laws determine how a person's estate is distributed when they pass away without a valid will. The distribution of assets depends on various factors, such as the deceased person's marital status, whether they have children, and whether their parents or other close relatives are alive.
Here is a general overview of how the inheritance would be distributed under Idaho intestacy laws (decedent means the person that passed away):
1. Surviving Spouse:
- If the decedent has no surviving children, parents, or siblings, the surviving spouse inherits the entire estate.
- If the decedent has surviving children who are also the children of the surviving spouse, the spouse inherits the entire estate.
- If the decedent has surviving children from a previous relationship, the spouse inherits the first $100,000 of the estate, plus one-half of the remaining estate. The children inherit the remaining balance.
2. Children:
- If there is no surviving spouse, the children inherit the entire estate in equal shares.
- If there is a surviving spouse, the children inherit the remaining balance of the estate after the spouse's portion, in equal shares.
3. Parents:
- If there is no surviving spouse or children, the parents inherit the entire estate in equal shares.
- If there is a surviving spouse, but no children, the parents inherit the remaining balance of the estate after the spouse's portion, in equal shares.
4. Siblings:
- If there are no surviving spouse, children, or parents, the siblings inherit the entire estate in equal shares.
- If there are surviving siblings and a surviving spouse, the siblings inherit the remaining balance of the estate after the spouse's portion, in equal shares.
5. Extended Relatives:
- If there are no surviving spouse, children, parents, or siblings, the estate may pass to more distant relatives according to Idaho's laws of intestacy.
These are based on Idaho Code 15-2-102 and 15-2-103.
It's important to note that specific circumstances and relationships can impact the distribution of assets. Consulting with an attorney or legal professional would provide you with the most accurate information and guidance regarding a particular situation. If you need to find an attorney in Idaho, you can used the Lawyer Referral Service through the Idaho State Bar.
