Wills and Estates – what does it mean when someone dies intestate?

Most people when they die have already made out a will. This will, established and legalized with the assistance of a will planning attorney, will state what their intentions are for their respective property. However a small proportion of people also died without leaving any will. If their estate is reasonably large or even only moderately large, this can cause problems in relation to the property that different people may have a claim over as a result of the intestacy. There is specific legislation which deals with issues intestacy. Consult with lawyers from law firms like Orlowsky & Wilson, Ltd. if you have questions or inquiries about estate planning.

In almost all jurisdictions, the property of an intestate estate will be distributed through probate real estate process to close family members such as a spouse, a former spouse, a de facto, siblings, parents, children, stepbrothers, stepsisters, stepchildren, half-brothers, half sisters or half children or potentially any other person who had a close personal relationship with intestate. If the person had no living relations then there property may be distributed to the state in some cases although this is extremely rare. This is because there is almost always someone alive will be a distant relation who is a beneficiary of the intestacy.

Having said all of this the amount of uncertainty that can be created by not having a will is a large burden to place on the members of your family who remain. There is presumably no provision for funeral costs or the costs of administering an estate. Also the uncertainty that can arise in intestacy is such that you can create conflict and chew up the resources of the estate through legal fees.  For this reason the creation of a will is essential to responsible estate planning.  if you have any questions about this we would like to discuss this with a solicitor please feel free to contact us using the contact form to the right or we often have lawyers online who are available to chat using the chat bubble to the left. Finally you can place any legal question in our legal question box on the site.

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