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How do the laws of divide an intestate estate?
Dying Intestate
Do you really know what happens to your property if you die without
a will? Some common misconceptions about what happens to your
property when you die without a will, or "intestate", include having
all of your property being given to charity or to the state. Another
common misconception, with more serious consequences, is the belief
that a surviving spouse is always granted all or substantially all
of the deceased spouse's intestate estate.
In reality, much of the answer to these questions about the
distribution of intestate property depends upon where you
permanently reside and which of your family members are living at
the time of your death, as these will determine which intestacy laws
will apply in order to determine the proper order of intestate
succession. Some other factors that affect your intestate estate's
distribution include how the property is owned, where the property
is located, and even the family relationship that your living
relatives have with one another.
Making the answer to this question even more difficult is the fact
that every American state has its own laws that determine who will
own the property of every intestate decedent and none of the states
follow the exact same system. What is possibly the most important
factor to understand is that these intestacy laws apply to every
person.
With each state having its own unique laws, generalized statements
about the process are frequently inaccurate. The complexity of these
laws also makes written examples difficult to understand, as well as
inapplicable to most people. Although these laws apply to everyone,
it is incredibly difficult to find real examples of how they are
applied.
Intestacy Calculators™
Numerous sites reprint the intestacy statutes, but even people who
are familiar with the laws often have to sketch out diagrams to work with certain fact patterns. There are also many sites with generalized "what if" scenarios that discuss basic intestate distribution possibilities. However, these discussions don't address every meaningful "what if" scenario, much less every possible scenario. More importantly, statute reprints and generalized discussions don't
perform any of the mathematical calculations.
Kurt R. Nilson's Intestacy
Calculators™ are the first interactive programs that give
personally meaningful examples of how the intestate laws operate by interpreting
those laws based upon individual family and financial
circumstances entered by the user.
The complexity of each individual Intestacy Calculator™ relies upon
each state's individual intestacy laws. Some of the more interesting
Intestacy Calculators™ are Arkansas, California, Missouri, and Texas.
However, as none of the states have the same body of laws, none of
the Intestacy Calculators™ are the same and it can be interesting to try
various state programs just to see the differences.
Johnstown, Pennsylvania lawyer Kurt R. Nilson focuses on real estate, business law,
probate, wills, estates, and trusts.
For nearly ten years, Attorney Nilson's work has been used by attorneys and financial
professionals around the country. Attorney Nilson and his work
are frequently cited by numerous
authorities, including Forbes, The New York Times, CNBC, Kiplinger's
Personal Finance, The Wall Street Journal, Estates & Trusts
magazine, and more.
Attorney Kurt R. Nilson:
JohnstownLegal.com