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Find Intestacy Lawyer

Find Intestacy Lawyer

Intestacy

Death is not a subject that many people want to consider. For this reason, there are many people of all ages who have no plans for what will happen to their assets upon their death. However, if disaster strikes and people pass before their time, they could end up intestate.

The Nordhaus Firm

20 years in practice
Advance Healthcare Directives, Divorce & Family Law, Divorce Law, Estate Administration, Estate Planning
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The Nordhaus Firm

20 years in practice
Advance Healthcare Directives, Divorce & Family Law, Divorce Law, Estate Administration, Estate Planning
View Profile

State-Mandated Distribution

Under the intestacy process, the state or local government will choose when and how assets can be divided and to whom. There are a number of disadvantages to intestacy and therefore people should employ whatever means are necessary to avoid intestacy.

Disadvantages of Intestacy

There are a number of disadvantages to intestacy. The biggest disadvantage is not getting to choose who receives what assets, instead it will be distributed according to state law. Additionally, the state will also choose what assets to liquidate in order to settle outstanding debts or fees left by the deceased.

Avoiding Intestacy

In order to avoid intestacy, individuals will need to create an estate plan. An estate plan could involve creating a will, a system of trusts, or any other method of legal planning to distribute assets following the death of an individual. Estate plans can also appoint a legal executor of the individual’s choice in order to ensure that the deceased’s will is properly enforced.

Planning For The Future

If you want to create an estate plan to ensure that you can enforce your wishes and prevent intestacy, you will need the help of an experienced Trusts & Estates attorney. A Trusts & Estates attorney can ensure that your life plans are legally enforceable and airtight by utilizing their experience and mastery of the subject matter.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice Trusts & Estates law.

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Intestacy Frequently Asked Questions

1. What is intestacy and when does it apply?

Intestacy is the state of being defined by dying and not having an estate plan in place. Dying intestate will cause state or local laws to dictate what happens with a deceased person’s assets and property.

2. What happens to a person's assets and property if they die without a will?

If a person dies without a will, the state will oversee the distribution of their estate according to state law. This includes settling debts, paying for final rites, and distributing the remainder of the estate to legal beneficiaries. This can result in assets that the deceased may have wanted to pass on being liquidated to pay down outstanding fees or debts.

3. Who is entitled to inherit under the rules of intestacy?

Under most state laws there are only three categories of persons eligible to be beneficiaries of an intestate estate: spouses, children, and direct relatives. The state will only award assets to these three groups, in the event that there are no blood relations, children, or spouses, the state will assume ownership of the estate. Notably, intestacy excludes live-in partners, friends, or organizations from receiving any portion of the estate.

Are there any limitations or exceptions to the rules of intestacy?

Because intestacy assumes a default to state laws, the only exceptions or limitations of the process are those implemented by each state. By and large, if someone dies intestate, the beneficiaries excluded by state law are out of luck. This is why it is imperative to have an estate plan in place as early as possible and for it to be kept up to date.

What are the potential complications or disadvantages of dying intestate?

If someone dies intestate there are virtually no advantages. Unless the deceased exclusively intended to randomly leave their assets to exclusively close family or spouses, it is always better to have an estate plan. Without an estate plan, the state will decide what assets are distributed to beneficiaries and what assets are liquidated to pay down debts or fees. Furthermore, assets will be distributed according to state law, not according to the wishes of the deceased.

 

 

4. Are there any limitations or exceptions to the rules of intestacy

Because intestacy assumes a default to state laws, the only exceptions or limitations of the process are those implemented by each state. By and large, if someone dies intestate, the beneficiaries excluded by state law are out of luck. This is why it is imperative to have an estate plan in place as early as possible and for it to be kept up to date.

 

5. What are the potential complications or disadvantages of dying intestate?

If someone dies intestate there are virtually no advantages. Unless the deceased exclusively intended to randomly leave their assets to exclusively close family or spouses, it is always better to have an estate plan. Without an estate plan, the state will decide what assets are distributed to beneficiaries and what assets are liquidated to pay down debts or fees. Furthermore, assets will be distributed according to state law, not according to the wishes of the deceased.

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