Dying intestate, what are the rules

[Binkys7]

Jurisdiction

Iowa

My son was killed in an accident in the middle of a divorce and without a will. His wife did not open an estate, as there was really nothing to be gained. She is asking for his w-2 to file her income tax return. They had originally agreed to file separate returns. I think she just wants it to claim his refund and because the divorce was not an amiable one and due to her behavior since his passing, I have no real desire to provide any more of what he had for her to blow if I am not required to. Can you advise?

 

[txls]

You really have no obligation to give her anything, but she could probably obtain a copy from his employer. I'm not certain about your state, but without a will she most likely "inherits" everything. You can't file a return for him, so the way I see it, if he was due a refund, either she can have it or the IRS keeps it.

 

[army judge]

My son was killed in an accident in the middle of a divorce and without a will. His wife did not open an estate, as there was really nothing to be gained. She is asking for his w-2 to file her income tax return. They had originally agreed to file separate returns. I think she just wants it to claim his refund and because the divorce was not an amiable one and due to her behavior since his passing, I have no real desire to provide any more of what he had for her to blow if I am not required to. Can you advise?

Legally, you're married or divorced.
Sadly your son was legally her husband, also making her his next of kin and his heir.

Under the laws of intestacy in Iowa, where I graduated law school having spent many hours being thrilled and drilled by my property law professor as a 1L, well, I'll pst and let you read.

PROPERTY DIVISION WITHOUT A WILL : Property which is owned "jointly" with another person becomes the property of the survivor at the time of death. All life insurance proceeds and death benefits go to named beneficiaries. Annuities and other investments with named beneficiaries will be given to those named. Generally, all other property passes through the probate estate of the person who died. Division of this property is determined by the laws of the state where the person resided or where real estate is located. In Iowa, division of property where there is no will is determined by the law of "intestate succession" (Iowa Code 633.211-633.223). Just how the property remaining after payment of debts and estate charges is divided depends on a combination of marital history and descendants:

A. A person dies with a surviving spouse with no children belonging a prior mate : In this case all property, whether real estate or personal property goes to the surviving spouse.

B. A person dies with a surviving spouse and children from a prior mate: The surviving spouse will receive one half of all real estate, all personal property "that, at the time of death, was in the hands of the decedent as head of the family" and one half of all other property. The rest is divided as discussed under C below. However the surviving spouse gets at least $50,000.00.

C. A person dies without spouse and has children: The natural and adopted children of the decedent share the estate equally as described in part D below.

D. Descendants: Children of the deceased share equally in the property. If a child has died without descendants, the child gets no share. If a child dies with descendants, that child's share is divided equally between the child's descendants at the next generation. If individuals further down the family tree have died, the distribution described in this paragraph repeats itself for each successive generation.

E. No surviving spouse/no descendants: All property goes to the deceased's parents in equal shares and if one parent is alive, to that parent. If no parents are alive, then the property is given to the children of the parents under the rules of paragraph D.

F. Escheat: Paragraphs D and E are repeated up the ancestral chain and if no relatives are found then the process of paragraph D and E is repeated for any spouse and that spouse's family tree. If a relative still can not be found the property goes to the state of Iowa.

Who Inherits When There's No Will in Iowa?

 

[ElleMD]

Was he actually divorced or just in the process of obtaining one? If not actually divorced, she is his legal spouse and entitled to file as she sees fit. That includes any refund. She inherits everything as there is no will and she is still the legal spouse. If he has a child with someone other than her, that can change slightly but the major assets are often owned jointly.

 

[adjusterjack]

Can you advise?

Yeah.

Be the better person and give her the W-2.