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Tips for The Average Joe

Written on December 18, 2019   By   in Legal

Tips of What Happens When Someone Dies Without a Will

According to the old-time sayings, death, as well as tax, are the only things that are certain. Despite the fact that taxes are paid annually, a majority of people fail to plan themselves well. Maybe the major reason for this is the fear that people have over death. 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. The property will, therefore, be left without any sense of direction after death. Here are some tips of what happens when people die without writing a will.

The physical residence of people will determine what happens to their wealth when they die. When such a person dies, he will be termed as an intestate. When this happens, their estates are usually left under the custody of a probate court. You should read more here to establish what the law states regarding this kind of property. You should note that all the laws governing such scenarios vary from one state to the other.

The next hint that dictates what happens when people die without leaving a will depends on where he or she lived. The size of the estate left behind determines the severity of the law over this issue. 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. Young people who die before accumulating much wealth also falls in this category. It is essential to note that law is clear 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. This website explains the process of dealing with cases of people who pass away and leave homes and other assets whose worth exceeds $100,000 becomes complex.

Another hint of what happens when someone passes away without writing a will depends on their 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. What is usually used here to subdivide this property is the law of hierarchy. The spouse is the key person that can be considered to take all the property. If the spouse is not there, children will take over the property and so forth. 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.