What Happens If Someone Dies Without a Will
Death as well as tax are the only certain things in the world. Irrespective of the fact that people pay taxes every year, they forget to plan for their own deaths. The fear for death can be a major reason for unpreparedness. If you continue reading here, you will unearth what a field survey has come up with for a large number of Americans who die without even an estate planning. This means that their property will have no sense of direction in case they pass away unexpectedly. Here are some tips of what happens when people die without writing a will.
The main hint of what happens when people die without writing a will is dependent on where they live. 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 should note that all the laws governing such scenarios vary 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. The process of dealing with cases of people who pass away and leave homes and other assets whose worth exceeds $100,000 becomes complex as explained on this website.
The third aspect to consider when a person dies without leaving behind any written will is considering the survivors. 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. The law will use a relationship hierarchy to sub-divide the possessions. The spouse is the key person that can be considered to take all the property. Absence of the spouse gives children a high chance of inheriting this property. It is worth reading to discover more how the law applies in the relationship hierarchy of the deceased person. You may continue reading here and learn more.