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What happens if you die without a Will? How will your property in Massachusetts pass to your loved ones? It is often said that if you don't have an estate plan, the State has one for you. Here it is:
1) If a person dies with a spouse, and with kindred (relatives) surviving them, (but no children), the spouse is entitled to the first $200,000 and half of the remaining real and personal property. If the personal property is not sufficient to provide the surviving spouse with $200,000, real estate owned by the deceased can be sold or mortgaged to provide for the surviving spouse.
If the deceased leaves issue (children, and children, grandchildren, etc. of deceased children), the surviving spouse shall take one half of all real and personal property.
If the deceased leaves no issue or kindred, the surviving spouse inherits all of the real and personal property.
2) After the surviving spouse's share is distributed, or if there is no surviving spouse, the remaining property is distributed in equal shares to the decedent's issue, by right of representation. If all issue are of the same degree of kindred (i.e., all are grandchildren, or all are greatgrandchildren) they shall share equally.
If the decedent leaves no issue, than to his or her mother and father, or the Survivor of them.
If the decedent leaves no issue and no parents, than the property goes to his or her brothers and sisters, of the issue of any deceased brothers and sisters.
If the decedent dies with no issue, parents or siblings then the property is distributed to then to his next of kin in equal degree; but if there are two or more collateral kindred in equal degree claiming through different ancestors, those claiming through the nearest ancestor shall be preferred to those claiming through an ancestor more remote.
3) If someone dies with no spouse or kindred, their property shall escheat to the Commonweatlh.
Those without a Will may think that their spouse will inherit all of their property upon their death, but as you can see, it is possible that a spouse would only inherit half of the property held in the decedent's name alone, while also providing for distributions to rather distant relatives. Is this how you would want your Will to read?
Wiki User
∙ 14y ago
In Arizona, if a spouse dies without a will, their assets will typically pass to the surviving spouse. If there are no surviving children or descendants, the surviving spouse will likely inherit the entire estate. If there are children or descendants from a previous relationship, the estate may be divided between the surviving spouse and the children or descendants.
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Who has the right to property when a mother dies without a will her daughter or her daughter's stepfather?
If the mother dies without a will, the inheritance laws of the state will determine how her property is distributed. Typically, the daughter would have a legal claim to a portion of the property as a direct descendant of the deceased, while the stepfather may have a claim if he was legally married to the mother and the property was acquired during the marriage. It is best to consult with a legal professional for specific guidance in this situation.
Is a common law spouse entitled to the estate if there are children from a prior marriage?
In most jurisdictions, common law spouses are not automatically entitled to a portion of the estate if there are children from a prior marriage. However, laws vary by state, and some jurisdictions may recognize common law spouses as having certain inheritance rights. It is important for the common law spouse to consult with a lawyer to understand their rights in this situation.
Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of California?
In California, if someone dies without a will, their property will generally be distributed according to state intestacy laws. If the deceased had children but no spouse, the property would typically be divided equally among the children. However, the specific distribution rules can vary depending on the situation, so it's advisable to consult with a legal professional to understand the exact process.
The girls father in law is son of the boys father in law?
The girl's father-in-law is the father of her spouse, while her spouse's father-in-law is the father of her spouse's spouse. Therefore, the girls's father-in-law is also the son of the boy's father-in-law.
Does your heir at law have the same mother and father?
Yes, the heir at law typically has the same biological mother and father as the deceased individual, as they are usually a biological child or descendant of the deceased under the laws of intestate succession.
If husband dies without a will is wife entitled to the estate?
This depends on the particular state that you live in. This is called the law of intestate succession, and a person that dies without a will is said to have died intestate. It is strictly a matter of state law. However, in virtually all of the states, if the spouse dies without a will, the wife is entitled to a significant portion of the estate, and the rest is then distributed to the children or the siblings, as the case may be.
If your spouse dies without a will what happens to the car?
The answer depends upon which State your spouse was a legal resident of, and also, wether or not the car was in your spouse's name only. Foir instance, in NJ, if a person dies intestate (without a will), all possessions owned solely by the deceased person must be split 50/50 between the spouse and any children of their marriage. Possessions owned jointly with the spouse go directly to the spouse. Check with your local county offices on your State's law. Good luck.
When a First Cousin Dies without a Will?
When a first cousin, or anyone else, dies without a will, state law determined who inherits.
In the state of Ohio if a spouse dies in a legal common law marriage performed before 1990 will the surviving common law spouse receive what the deceased spouse wishes in the legal will?
Yes. If the will is allowed the common law spouse will receive their devise under the will regardless of the status of the marriage. If the decedent died in Ohio without a will, or intestate, the surviving spouse in a common law marriage perfected before October 1991 would receive a spouses share under the laws of intestacy.
Is the estate of a dead person available to a mom?
When a person dies intestate (without a will) and they have no spouse or children, their parents are generally the legal heirs at law. If they left a spouse or children, the parents are generally not heirs. You can check your state laws at the related question link below.
When a father dies without a will do his minor children have rights to his estate or do his parents?
Generally, the surviving spouse and the minor children would be the legal heirs-at-law. If the father was divorced, his children are his heirs-at-law. You can check the state laws of intestacy for your state at the related question link below.
Can your spouse accompany you fishing without license?
Each state has its proper law. Please, consult takemefishing.org
Family has a trust fund father dies mother remarries in common law state then dies is new surviving spouse entitled to small assets purchased during marriage like furniture?
Yes.
When the spouse dies and there is a wife and a child out of wedlock from another person who is entitled to the estate?
There are contradictions in your question. If the person you refer to as your spouse already has a wife then your "marriage" isn't legal. A person can only have one surviving spouse. If you mean to say there is an ex-wife then you are the surviving spouse under most state intestacy laws. If a person dies without a will, their estate passes to heirs-at-law under state laws of intestacy. The laws are somewhat different in each state. Some states pass all the property to the surviving spouse unless there are minor children. Some states give a share to adult children. You can check the laws in your state at the related question ink provided below.
If a spouse dies and the home was grant deeded to him who gets the home?
It depends on whether there was a will disposing of the real estate. It goes to whoevever is named in the will to have it. If the husband died without a will (intestate), the real estate passes according to state law for intestate succession, which is usually to the surviving spouse and children in (not necessarily equal) shares.
Who has the right to property when a mother dies without a will her daughter or her daughter's stepfather?
If the mother dies without a will, the inheritance laws of the state will determine how her property is distributed. Typically, the daughter would have a legal claim to a portion of the property as a direct descendant of the deceased, while the stepfather may have a claim if he was legally married to the mother and the property was acquired during the marriage. It is best to consult with a legal professional for specific guidance in this situation.
When a person dies no will what happens?
Each state has a section of law known as "intestacy law" which governs how property will be disposed of when a person dies without a will. Normally, it is first distributed among relatives.
