You have died intestate means you have died without a Will. Since death is uncertain, many people die before creating a Will stating the distribution of his assets after death. In this scenario, the intestacy laws of the concerned state determine how the assets to be distributed to his heirs. The assets include real estate, jewelry, bank accounts, stock market shares, insurance, securities, and more at the time of death of the owner. If any of your property is in a different state than where you reside, the intestacy law of that particular state will be followed for transferring the possession. A person with expertise in this domain like a probate lawyer near me 11579 is the right person. We can hire him or her to execute the probate process without major difficulties.
The intestacy varies in different states, but it varies greatly on your marital status and whether you have children. For a married individual, the property is split among his immediate successors, that is, his / her surviving spouse and children. For the singles, it is distributed among parents, siblings, uncles, aunts, nephews, nieces, or distant relatives. If no relative found, the entire estate is possessed by the state.
Let’s dive deep into the intestacy law.
Case 1: You Die without a Will, and You’re Single – What Will probate lawyer Do
If you’re single and without children at the time of death, your parents will receive your assets, provided they both are alive. If any of them is dead, the property is distributed to the siblings, half-siblings, and your surviving parent. And if none of your parents are alive, the estate will be handed over to all the siblings, each of them receiving an equal part. If your parents are not alive, you don’t have siblings or children of siblings (nephew, niece), then your property will be divided into two halves. And each half will be passed to the relatives of your mother’s side and father’s side. Ask the probate lawyer near you 11579 to do the needful.
On the other hand, if you are single and have children, then obviously your entire belongings will go to them in equal shares. If any of your children are not alive, but he has issues, then that child’s share will be passed to your grandchildren.
Case 2: Probate Lawyer’s Role If You Die without a Will, and You’re Married
In these circumstances, the distribution of your assets will depend on how you owned that. If it is a community or marital property, then your surviving spouse will inherit it fully. In case it is your separate property, your parents, spouse, and siblings will get equal shares. If you have spouse and children, then the entire property will go to them.
In some states, multiple marriages are allowed. In that case, the property is split among the spouses equally.
Keep in mind that this does not hold true everywhere. Here, we are discussing what we see mostly. For a specific region, the law can be well explained and implemented by a probate lawyer near me 11579.
Case 3: You Die without a Will, and You’re In A Domestic Partnership
All the states do not accept domestic partnerships. So, a special rule is applied there. The state where you reside is crucial as the law of that particular state will determine how your property will be distributed upon your death. In most of the cases, the domestic partner is treated as the surviving spouse. So, she receives the same as the spouse if you die with signing any Will, and you have a domestic partner alive. To know better what is in the intestacy law in your state, consult a reputed probate lawyer near me 11579.
Case 4: What Does Probate Lawyer Do If One Of The Unmarried Couple Dies Without A Will?
Death of one partner between the couple living together is disappointing since most of the probate laws do not recognize unmarried couples. The probate law applies to the relatives. So, an unmarried couple is not eligible to inherit the property of the other partner after his death.
This will not be followed if there is a Will signed by the decedent, which clearly states the beneficiary of his assets.
It is better you seek advice from an attorney as soon as possible. Want to avoid the complications of the distribution of your estate after your death? It is better to create a full-proof Will according to the suggestion of a probate attorney. This will save your beneficiaries from undesired rifts.