Dying Intestate

There are lots of times when individuals will die without properly drafting up an estates plan. A lot of these individuals are young and don't think they need one just yet. So to make up for this there is a state law called "intestate succession", which will help sort out property to heirs. So if you didn't make a will before you passed, the state will do it for you. Each of the fifty states has their own laws for this matter.

• If you need help with an Estate Planning Problem, click here to consult with an Estate Planning Lawyer near you to discuss the details of your case.

The 1990 Uniform Probate Code

Also known as the Code; this is the starting point for each of the states and their laws. It is used as a reference, but each state can still have its own laws entirely about asset assortment between heirs. Under the Code, the relatives that were closer will receive priority over those that were distant. Close relative include spouse, children, grand children, siblings, nieces, nephews, aunts and uncles. Anyone else not named are considered distant relatives according to the Code. If you had adopted children, they are treated as your biological children.

Surviving Spouse

With the Code, the spouse that is surviving the deceased is either given full property ownership or partial. For instance, if the surviving spouse is left with the descendents children, he or she is entitled to the entire estate. The spouse is also entitled to the entire net worth of the estate if no children or parents are left behind. If the descendent has no children, but has parents and a spouse, the spouse get's the first $200,000 of the estate's net value and three-fourths of everything else that exceeds that amount. If there are surviving descendents of the deceased and aren't descendents of the surviving spouse, the spouse will be entitled to the first $150,000 of the estate's net value and half of everything else that exceeds that amount. If the deceased has a surviving descendents that are not descendents of the surviving spouse, the spouse will receive the first $100,000 of the estate's net worth and half of everything else exceeding that amount.

Key Phrases to Know

• Share of Descendents - According to the Code, if there is no surviving spouse of the deceased, but there are children - they receive the entire estate; this is known as "right of representation".
• Share of Parent - According to the code, if the deceased doesn't have a surviving spouse or children, the nest estate is passed along to the parents of the deceased equally. If there is only one alive then he or she will receive all of the net estate.
• Share of Other Relatives - According to the code, if the deceased doesn't have a surviving spouse, descendents or parents, the estate goes to the deceased's siblings. If there aren't any siblings of the deceased, the estate goes to the grandparents of the deceased or their descendents.
• Net Estate - This is the amount that is left over after debts, taxes, administration fees and family protections have been paid for.

There are various scenarios that you can use to help protect your domestic assets.

• If you need help with an Estate Planning Problem, click here to consult with an Estate Planning Lawyer near you to discuss the details of your case. This website is for informational purposes only and nothing stated here should be taken as legal advice.