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People who ask this question are
normally interested in knowing how family heirlooms will
be divided among multiple heirs. To better illustrate
the distribution of these items of personal property,
the division of the entire intestate estate is addressed
below.
Types of Property
There are generally three forms of property: Real
estate, intangible personal property, and tangible
personal property.
Real estate is comprised of the ground, as well as all
property that is permanently attached to the ground,
such as a house. Intangible personal property is
basically cash and items that represent cash, such as
stock certificates. Finally, all property that does not
fall into either of the previous two categories is
generally classified as tangible personal property.
In addition to common objects, such as clothing,
household appliances, and furniture, tangible personal
property will also include larger or more expensive
items, such as all electronic equipment, jewelry,
artwork, and vehicles.
Fair Market Value
'Fair market value' is the price that would be exchanged
between willing and fully informed parties who are
interested in transferring the ownership of specifically
identified property from one party to the other.
Any item's fair market value may be determined by having
it appraised or, if the item is sold by the deceased's
estate, by the actual contract sale price obtained for
the item.
Although the type of property can affect an item's
individual value, the type of property does not affect
its division being determined upon the basis of its fair
market value. A collection of rare silver coins is
subject to the same rules of distribution as a
collection of common beer bottles. Intestate Estate
Value Every intestate estate is represented by the
dollar amount that is equal to the combined total of the
fair market value of all the deceased's intestate
property.
For example, suppose an intestate estate consists of the
following property:
| Item |
|
Value |
| Certificate of deposit |
|
$20,000 |
| Checking account |
|
$1,500 |
| House |
|
$100,000 |
| Vacant land |
|
$20,000 |
| Piano |
|
$2,000 |
| Stamp collection |
|
$500 |
| Vehicle |
|
$6,000 |
| Estate Value |
|
$150,000 |
Some of this property is cash (checking account
balance), items that represent cash (CD), personal
property (piano, stamps, vehicle), and real estate
(house and vacant land). However, this mixture of
property types does not have any affect upon the
intestate estate value, which is simply the sum of the
value of every type of property.
Estate Division
Although each heir is entitled to receive a specific
dollar amount from the intestate estate, the actual form
of each beneficiary's payment will vary from estate to
estate.
For instance, all of the deceased's property can be sold
so that every heir receives his or her share in the form
of cash. Depending upon how readily the property can be
sold this may be the easiest method with respect to
estate settlement, because the value of each item is
simply the amount that it receives at sale, making it
unnecessary to obtain an independent appraisal of the
individual items.
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When the sales are complete (and the
estate is otherwise settled), each heir simply receives
a check from the estate as payment of his or her share.
Selection of
Personal Property
It is also possible for the heirs to
elect to take items of tangible personal property rather
than cash. When an item of tangible personal
property is taken, it is considered a portion of that
heir's share of the intestate estate and its cash value
will be subtracted from the total amount of that heir's
share.
For example, suppose there are three
heirs of the $150,000 estate, with each individual heir
being entitled to a $50,000 share. If one of these
heirs elects to receive the stamp collection as part of
his or her share, the collection's $500 value will
simply be applied to that heir's $50,000 share. In
addition to the $500 stamp collection, this heir will
take a cash payment of $49,500 from the estate in order
to receive the full $50,000 share.
Although any heir may request a
specific item of personal property as part of his or her
share, every heir is equally entitled to receive each
individual item from the intestate estate. These
equal rights may cause difficulty when more than one
heir wishes to take the same item.
Division Among Multiple Heirs
Certain forms of personal property
may be physically divided, but most cannot. (For
instance, it is impossible to physically divide a piano
with destroying it.) Even personal property that
can be divided will frequently decrease in value as a
result. For instance, two heirs may agree to share
the stamp collection by choosing individual stamps that
have a combined value of $250 for each heir.
However, the collection's fair market value of $500 may
have been based entirely upon the collection's value as
a single unit. Of course, in these situations the
heirs are more interested in owing the actual property
than in receiving its worth and will not be concerned
with the reduced value.
This inability to divide most items
of tangible personal property makes three options
available to multiple heirs who wish to own the same
item. When this occurs the heirs must agree to own
that item jointly, agree that just one of them will own
it, or sell the item so that its value can be divided.
Ultimate Distribution
Suppose the piano from the example
estate had belonged to the heirs' great-grandparents and
each of them would like to own it. Although the
piano's value does not represent a significant portion
of any individual share, these heirs may have stronger
feelings about its possession than they have about
receiving any money from the estate.
In these circumstances, there are a
variety of factors that will influence the ultimate
distribution and ownership of that family heirloom.
The personal relationship of the heirs with one another
may be the most important factor. If just one of
the heirs does not get along with any one or all of the
others, it is unlikely that he or she will agree to give
ownership to any other heir. It will also be
unlikely that the heirs will agree to take joint
ownership in these circumstances, because only one heir
will be able to take physical possession of the item.
When the heirs are unable to agree
who will take ownership or possession of any item of
personal property the personal representative may sell
the item any simply divide the proceeds. The most
important factor in determining who will own any item of
personal property is the legal authority vested in the
estate's personal representative. Even where there
isn't a disagreement among the heirs, the personal
representative has the authority to make the final
decision about the disposition of any item of personal
property within the intestate estate.
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