Regardless of a person’s marital status, family situation or financial status, it is important for everyone to have a will designating what happens to personal property after death. Most people know they should have such a document, but many never write one-;and the courts decide who gets what.
The Basics of Intestacy
Although laws on dying intestate (without a will) vary by jurisdiction, asset and property distribution typically follows a pattern. In simple terms, every area has a plan for asset distribution when a person dies intestate. These laws follow a formula, which may not work for every family situation. The pattern depends primarily on the person’s marital status and whether children are involved.
Single and Intestate
The simplest intestacy scenarios involve singles with and without children. For instance, if a single woman without children dies intestate, her assets are given to her parents because she has no spouse or descendants. If the woman’s parents are no longer alive, the assets would go to her siblings who may not use it as she would wish. Hiring a Wills Lawyers in Topeka, KS can help a person ensure that their assets are divided according to their wishes and the family’s needs.
Married and Intestate
When a married person or domestic partner dies without a will, the situation can become more complex. If a person is married without children, laws vary widely on estate distribution. In some areas, surviving spouses get everything. However, in other areas, the surviving spouse may only get one-half of the person’s estate, with the remainder going to the decedent’s parents. If the parents predeceased the spouse, the remaining part of the estate is divided amongst the person’s siblings. If a person is married with children, a surviving spouse gets a one-third to one-half share of the estate, with the other portion being divided among the person’s children.
A Client’s Wishes
The only way for a client to ensure that their wishes are carried out is to create a will and keep it updated. When life changes such as divorces, births, deaths, relocations and marriages take place, clients of Debenham Law Office LLC should review their wills and consult wills lawyers in Topeka, KS about making changes.
