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. Intestacy law oversees and governs the division the property he/she has left behind. 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 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 relationship between the deceased and the people to inherit the deceased’s property is defined by the intestate law. 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. 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. The following are some of the hierarchy outlined by 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. It is possible to find some jurisdictions where common law marriage is legal.
The second on the intestate hierarchy are children of the deceased. In cases where there is no existing spouse, the estate is subdivided equally to all children. In case there is a spouse, the rules changes. The spouse is given his/her share and the remaining share is equally subdivided among all the children. It is important to know that deceased adopted children are taken as the biological children. According to the intestate law, children are not supposed to inherit the debt of their deceased parent and therefore the assets inherited by the children cannot be used to settle the debts. It is the responsibility of the probate court to select the guardian who will take care of the children of the deceased.
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.
However, if the above people are absent, then distant relatives are considered the right inheritors. Distant relatives include cousins, grandparents, aunts and uncles who may share the property equally among themselves.