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Things that Will Happen When Someone Dies without a Will

Death as well as tax are the only certain things in the world. Despite the fact that taxes are paid annually, a majority of people fail to plan themselves well. Maybe the major reason for this is the fear that people have over death. 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.

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 state’s probate court will take charge of all the possessions of the deceased in case he or she left no will. 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 place the deceased person lived will determine what happens to their possessions. The severity of the law of such a case is depended on the amount of possession left behind. Possessions which are worth low than $100,000 are categorized as small estates by law. This is a practical scenario that happens to senior people who may have sold all their wealth to cater for medical bills. A similar scenario is also true to a young citizen who may have not accumulated any wealth. Under this circumstance, remaining members of the family are advised to file a declaration claiming this property for their own 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. The entire process of dealing with cases of people who die and leave homes and other assets whose worth exceeds $100,000 becomes complex as explained on this website.

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. What is usually used here to subdivide this property is the law of hierarchy. The first person that can be considered is the spouse. 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. You may continue reading here and learn more.