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Tips for The Average Joe

What Happens If Someone Dies Without a Will

According to the ancient sayings, death, and tax are the old two things which are certain. Although we pay taxes annually, many people fail to plan for their deaths. Death is horrible that many people don’t even want to think of it. 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.

What happens to people when they don’t write a will depends on where they live. Such a person is often termed to have died 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. Laws governing such cases varies 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 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. This is the case to senior people who could have sold all their wealth because of medical issues. 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. 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. 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. If the spouse is not there, children will take over the property and so forth. You can discover more about the relationship hierarchy if you continue following our daily posts on this topic. It is essential to learn more about this topic if you continue reading here.

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