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. The fear for death can be a major reason for unpreparedness. According to a survey report here, majority of Americans do not plan for even their estate before death. After their deaths, their properties are left without no sense of direction. Here are some tips of what happens when people die without writing a will.
What happens to people when they don’t write a will depends on where they live. The person will be termed as an intestate. The possessions of such a party is often left under the watch 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 place the deceased person lived will determine what happens to their possessions. The severity of the law of such a case is depended on the amount of possession left behind. For example, small estates fall in the category of people who died without any property and their total possessions is usually less than $100,000. This is a practical scenario that happens to senior people who may have sold all their wealth to cater for medical bills. Young people who die before accumulating much wealth also falls in this category. The law requires that the remaining family members file a declaration claiming this property for use. In case the deceased did not have any heir, the claimant is supposed to support his or her relationship through an affidavit. The entire process of dealing with cases of people who die 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. The legal procedures which are applied here will be determined based 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 first person that can be considered is the spouse. If the spouse is not there, children will take over the property and so forth. You can discover more here about the law and how it applies to the deceased’s relationship hierarchy. You may continue reading here and learn more.