The Question: What happens when someone dies without a Will?  It depends. These two situations should help explain:
 
*Situation No. 1 
Biff and Sue are married. They bought 100 acres of land after they were married (called “community property” since purchased after marriage). They also have some cash, equipment, and other things. Biff dies without a will. What happens?

A-1) Children from Marriage:  If they have children together then Sue would receive all of Biff’s part of the land and other assets.

A-2) Step-Children:  If any of the children are step-children then all of the children (regardless of parentage) will divide up Biff’s part of the land and other assets. Sue would not receive Biff’s interest in the land or property.
 
*Situation No. 2
Biff and Sue are married and have three kids. Biff owned 100 acres before he was married (called “separate property” since he had it before marriage or inherited it from his parents). Biff dies without a will. What happens to the land?

A-1) Sue will get a life estate in 1/3 of Biff’s land and the children get the actual land. Once Sue dies the kids will own 100% of the property.

For the sake of Sue, especially if you own separate property, it is time to get your Will done.