My dad passed away a few months ago in Guadalajara without having made a will. We're 3 siblings and my mom is still alive. The house where we live is in his name but we don't know how to proceed legally. How is the inheritance divided without a will?
You need an intestate succession lawsuit in Guadalajara so a judge can decide who inherits what, because without a will the law determines how everything gets divided. Normally your mom has the right to a share (usually half or more, depending on whether there are other heirs) and you three siblings split the rest equally, but this varies depending on Jalisco's civil code. Best thing is to hire a lawyer who specializes in successions to handle all the paperwork with the court, because that process isn't quick but it's necessary so the house and assets legally pass to the heirs and you avoid problems down the road.
The most urgent thing is for you to consult with a lawyer who specializes in inheritance law, because in Jalisco the law establishes a specific order of heirs and without a will everything is determined by that legal order, not by what you all decide. Your mom and you three siblings have rights as heirs, but the exact proportion depends on whether there are other relatives and on state laws, so it's not something you can work out among yourselves without legal intervention. An inheritance lawsuit can take time and money, but it's what you need so that the house and any other property become formally registered in the names of whoever is entitled to it.
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