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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. Although we pay taxes annually, many people fail to plan for their deaths. Maybe the major reason for this is the fear that people have over death. Here is a survey that reveals that a large population of Americans dies without planning for even their estate. 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.
The main hint of what happens when people die without writing a will is dependent on where they live. When such a person dies, he will be termed as an intestate. The possessions of such a party is often left under the watch 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 second tip of what happens when a person dies without writing a will depend on what he or she leaves behind. The size of the possessions left behind will determine the severity of the law. 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. 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. It is essential to note that law is clear 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. 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.
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 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 can learn more on this subject by reading here.