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 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. 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 hierarchy is followed according to the relationship of the deceased with the people who stand to inherit the property. In order to sure that the property of the deceased is fairly shared to a large number of relatives, the per capita tool and the per stripe tools are used in property division. 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. When there is no child in question, the estate of the deceased is entirely inherited by the spouse. 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. 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 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. 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. The probate court under intestate law has the right to picking a suitable guardian for the deceased’s small kids.
Thirdly, on the intestate hierarchy are parents and siblings of the deceased. In case there is no recognized spouse, children or grandchildren, parents, and sibling are considered to be suitable property inheritors. 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. Distant relatives include cousins, grandparents, aunts and uncles who may share the property equally among themselves.