" If there is no will , the procedure used for transferring property the deceased propert to his/her heirs is called Intestate succession. In the state of California the rules for dividing property are complex and dependent upon the relationship of kin: separate property: if the decedent has no will and leaves a spouse and one child, property is divided equally, 50-50. if there is a surviving spouse and two children, 1/3 goes to the spouse and 2/3 to the children. if there is no surviving spouse, property is divided qually among the children."
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?
"Someone else" gets the property. The surviving spouse can certainly contest the will. And there may be specifics in the state that entitle the surviving spouse to a portion of the real property, or a life estate in real property. Consult an attorney licensed in the state in question.
Fortunately, in most jurisdictions in the United States, a man cannot disinherit his wife and minor children. State laws provide that the surviving spouse can elect to take a share of the estate and that share varies from state to state. It can be taken in spite of a will that leaves the property to another person. It is possible to disinherit adult children but it must be done properly according to state laws in order to be effective.
The parent is deemed intestate and their estate must be probated. Any estate that contains real property must be probated in order for title to pass to the heirs legally. The property will be distributed to all the legal heirs will inherit according to the laws of intestacy in your particular jurisdiction. Generally, if there is no surviving spouse the property goes the decedent's children and the children of any deceased child. See related question link.
That depends on the language in the will. A properly drafted will provides that the share of a deceased child will go to their issue (children) or their siblings. If there is no such provision the share would pass under the residuary clause of the will. If there is no residuary clause then it would pass as intestate property according to state laws.
Yes, if they are named in the will. Or if the will leaves the money to you or your descendants. If your husband is not their father, there is no automatic right to the property.
A decedent's estate is responsible for payment of the debts. If there is any property in the estate, the debts must be paid before any property can be distributed to the heirs. If there is no property the creditors are out of luck.
Your "fiance's" children are his legal next of kin. If he dies intestate they will inherit his property under the state laws of intestacy. If he writes a will and leaves property to you, the will must meet any statutory requirements for disinheriting children. Otherwise the children may be able to make a claim. You have no other legal rights unless you are married.
Yes, they live in climates with a winter season and lose their leaves as an adaptation to surviving over winter.
The leaves
She leaves gifts for children in Italy