Who are the heirs without a will?

Questioner

My sister is mentally handicapped, and I am her legal representative. Our mother died a long time ago. Now my father is remarried to a woman who has two children of her own. Who is now my sister's heir? There is no will

Lawyer

I assume your sister is not married and has no children of her own. Then her heirs are only you and your father. Your father's new wife and her children are not your sister's heirs.

Lawyer

If there is no will, the statutory distribution applies. Siblings and parents inherit first. Parents receive a quarter. Your stepmother is related. They usually have no right to an inheritance. It is not the case that you have additional rights because you are the lady's legal representative. You can change it in a will. She must then be able to make her wishes known.