Doing The Right Way

Tips for When a Family Member Dies without a Will

Intestate law is applicable when a person dies without leaving behind a will for inheritance of property. The intestacy law is used as a guideline of property distribution of the deceased. Therefore when someone dies when he/she had not prepared a will of how the property will be divided into his/her closest people, then that person is said to die intestate. Intestate law outlines in order the hierarchy of the group of people who were close to the deceased and how the property will be distributed to them. The intestate lists and the people who are entitled to inherit the property and at the same time defines how these people are related to the deceased. During the division of the property, two tools are used to divide the property which includes per stripe and per capita. The only time the per capita and the per stripe tools are used is when the property is divided to many people who are entitled to inheritance. Below is how the hierarchy is followed.

On top of the hierarchy is the spouse who is entitled to inherit an estate that is left behind by the deceased. A spouse can get a piece of estate or inherit the whole estate depending on whether the deceased left behind children. If the deceased did not have any kid, the spouse inherits the whole of the estate with the exclusion of relatives. It is important to understand that cohabitation partner and the common law marriage does not entitle a spouse to inheritance law. There are a few jurisdictions where common law marriage which states that if you stay with your partner for a particular period of time you become spouses.

Children are the second on the intestate hierarchy. In cases where there is no existing spouse, the estate is subdivided equally to all children. The case is different if there is an existing spouse. The spouse is given a particular percentage of the estate depending on the size and the remaining is equally shared among the children. The adopted children are also given equal share because they are considered as the biological children of the deceased. Intestate clearly states that children will not inherit the debt left behind by their parent. The probate court under intestate law has the right to picking a suitable guardian for the deceased’s small kids.

The third on the intestate hierarchy are parents and siblings of the deceased person. This hierarchy is arrived at if deceased did not leave behind children, spouse or grandchildren. Under this bracket, parents are considered first and if there are no parents, automatically the siblings become the inheritors.

In case there is no record of the children, spouse, parents, sibling, then distant relatives automatically become the legal inheritors of the deceased’s property. Here are the list of is made up of distant relatives; uncles, aunts, cousins, and grandparents.

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