Tips for When a Family Member Dies without a Will
It is important to understand that when a person dies intestate, the intestate law is used to find the appropriate inheritors of the deceased property. 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. 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 hierarchy is followed according to the relationship of the deceased with the people who stand to inherit the property. During the division of the property, two tools are used to divide the property which includes per stripe and per capita. The tools are especially used when the number of descendants is large. 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. It is important to note that if the deceased had an estate, the spouse is the right person to inherit it. When there is no child in question, the estate of the deceased is entirely inherited by the spouse. 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.
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 his/her share and the remaining share is equally subdivided among all the children. It should be noted clearly that if the deceased had only adopted children, the property is equally divided among them because adopted children are taken as 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. The probate court under intestate law has the right to picking a suitable guardian for the deceased’s small kids.
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. The property is handed over to the deceased’s parents and if there are no existing parents, then the property is equally divided among the siblings.
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.