A Beginners Guide To
What Happens If Someone Dies Without a Will
According to the old-time sayings, death, as well as tax, are the only things that are certain. Irrespective of the fact that people pay taxes every year, they forget to plan for their own deaths. Maybe the major reason for this is the fear that people have over death. According to a survey report here, majority of Americans do not plan for even their estate before death. The property will, therefore, be left without any sense of direction after death. Here are some tips of what happens when people die without writing a will.
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The physical residence of people will determine what happens to their wealth when they die. Such a person is often termed to have died intestate. When this happens, their estates are usually left under the custody of a probate court. In case you read more here, you will understand what the law states about the possessions of properties left intestate. You must, however, take note that laws taking care of such cases varies from one state to the other.
The second tip of what happens when a person dies without writing a will depend on what he or she leaves behind. The severity of the law of such a case is depended on the amount of possession left behind. For instance, small estates fall in the category of people who died without any property and their total possessions are usually less than $100,000. The scenario is true especially to senior people in the society who may have spent their possessions on medical bills. Similarly, this case may apply to a young citizen who may have not accumulated enough wealth before passing away. The law requires that the remaining family members file a declaration claiming this property for use. The claimant of the deceased’s possession is supposed to produce an affidavit that states their relationship before they can access the property for use. This website explains the process of dealing with cases of people who pass away and leave homes and other assets whose worth exceeds $100,000 becomes complex.
The survivors are another determinant of what happens when a person dies without a will. In most cases, laws governing such cases will be determined depending on whether the person left behind a wife, domestic partner or a number of surviving children. What is usually used here to subdivide this property is the law of hierarchy. In short, the entire property will be handed over to the spouse. Children may also be given the second chance of the spouse is not there. You can discover more here about the law and how it applies to the deceased’s relationship hierarchy. It is essential to learn more about this topic if you continue reading here.
This post topic: Legal
