Worcester County Attorney Explains Intestate Succession
Author: James A. Miller, Estate Planning Attorney / Category: Wills & Trusts / Posted: 25 Jan 2012One of the most common questions asked with regard to Wills and Trust is “what happens when a person dies and they didn’t have a Will?” The simple answer to that question is that the state’s intestate succession laws will govern the disposition of the decedent’s estate. Although individual state laws may vary somewhat, the basic concept of intestate succession is the same among all states.
The main purpose of executing a Last Will and Testament is to legally decide how you want your estate assets to be disposed of upon your death. If you do not execute a valid Will prior to your death, then you are said to have died intestate and therefore the state’s intestate succession laws will determine what happens to your estate assets. Intestate succession laws can also apply if a valid Will was, indeed, executed, but failed to dispose of all estate assets. For example, if you executed a Will which specified what you wish to happen to all of your property, except you forgot about a bank account and did not include a residual estate assets provision in your Will, then the funds in that account would be disposed of according to intestate succession laws because your Will failed to account for their disposition.
Intestate succession laws create a hierarchy of heirs who stand to inherit from your estate. In most states, at the top of the hierarchy are your spouse and children. What proportion they inherit will vary by state. If there is not spouse or children, then the law typically looks to other blood relative, such as grandchildren, parents, or siblings as heirs of your estate.
The Law Offices of James A. Miller is a member of the American Academy of Estate Planning Attorneys.
Tags: intestate succession, will
