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 is defined as the law that defines the rules of distributing the property of a deceased who did not leave a will for his/her property. Intestate is a person who dies before preparing the will that indicates how his/her property should be shared to his/her closest people who are left behind. Intestate law lists the people who are entitled to property on inheritance of a deceased in case where a will was not drafted by the deceased. 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. These tools are necessary when the number of people entitled to inheritance is huge. The following hierarchy is clearly elaborated by the intestate law.
The first on the hierarchy is the spouse of the deceased who has the right to get a share of the estate if not all of it. A spouse can get a piece of estate or inherit the whole estate depending on whether the deceased left behind children. 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. It is important to understand that cohabitation partner and the common law marriage does not entitle a spouse to inheritance law. More about common law marriage click here.
Children are the second on the intestate hierarchy. The piece of an estate left behind is usually divided equally among the existing children of the deceased if there is no spouse left behind. 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. It is important to know that deceased adopted children are taken as the biological children. The assets inherited by the children of the deceased can never be used to settle the debts of the deceased because children do not inherit their parent’s debts. In cases where a parent die intestate, the probate court takes the responsibility of choosing the right guardian for the small children.
Parents and siblings of the deceased are third on the intestate hierarchy. This hierarchy is arrived at if deceased did not leave behind children, spouse or grandchildren. On this level of the hierarchy, parents are given the first priority and if the parents are not around, siblings are then picked to be inheritors.
The third on the intestate hierarchy are distant relatives and this happens only if the deceased do not have an existing spouse, children, siblings or any descendant. Here are the list of is made up of distant relatives; uncles, aunts, cousins, and grandparents.
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