Monday, January 20, 2014

Intestate Succession

If you die without a will or without transferring ownership of your assets into a trust then state statute will define who now owns your assets.  This generally means the following with certain exceptions (the marital home etc):


  1. Your "legitimate" children get everything.  (love your step-children as your own?  Doesn't matter to the court, if you die intestate they don't take ... until perhaps #8)
  2. Your spouse of greater than three years gets everything.  Your spouse of less than 3 years gets 50% of your estate
  3. Your parents get everything (or the remaining 50%)
  4. Your brothers and sisters get everything that would have gone to your parents were they living (and their descendants).
  5. Your surviving grandparents, uncles, and aunts (and their descendants).
  6. Your surviving great-grandparents, great-uncles and great-aunts (and their descendants).
  7. Your spouse of less than three years - the other half they don't receive under #2 
  8. The heirs of your last previous spouse that predeceased you
  9. Lastly - if none of the above exist, your estate goes to the county in which you live.  
Sound confusing!?  It IS!  So, if you like this plan - no need for a will .... except that also, your estate will likely be required to put up a "bond" to protect against an executor of your estate absconding with the assets.  This increases the cost of probating an intestate estate.  Most wills include a provision to waive the requirement of bond.  

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