Tips for When a Family Member Dies without a Will
When a family member dies without a will, it is important to apply the intestacy laws. Intestacy law oversees and governs the division the property he/she has left behind. Therefore it is correct to say that a person who dies without leaving behind the will of distribution of his/her property the deceased died intestate. Therefore in order to fairly divide the left behind property, intestate law is applied which indicates the hierarchy of people who should inherit the property. 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. Per capita and per stripe are some of the tools that are employed during the division of the property of the deceased to the large numerous relatives. These tools are necessary when the number of people entitled to inheritance is huge. The following are some of the hierarchy outlined by intestate law.
On top of the hierarchy is the spouse who is entitled to inherit an estate that is left behind by the deceased. The first inheritance of a spouse is an estate which was owned by the deceased. In the case where no child was left behind, the spouse is entitled to inherit the whole estate without caring if there are other relatives left behind. Intestate law clearly defines that the legitimate spouse is the one who wed with the deceased and has a certificate of marriage. More about common law marriage click here.
The second on the intestate hierarchy are children of the deceased. Estate left behind by the deceased is distributed in equal portion to all the children in case there is no spouse. In case there is a spouse, the distribution rules changes. The spouse is given his/her share and the remaining share is equally subdivided among all 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. In cases where a parent die intestate, the probate court takes the responsibility of choosing the right guardian for the small children.
Thirdly, on the intestate hierarchy are parents and siblings of the deceased. If there is no record of children, spouse or grandchildren, the close people who can inherit the property of a deceased are parents and siblings of the deceased. 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. Cousins, aunts, uncles, and grandparents are some of the distant relatives.
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