Writing a valid will showing how you would wish your property be distributed among your heirs is a great way of avoiding wrangles in your family after your demise. In Pennsylvania, the testator, a person writing the will, should be at least 18 years and mentally competent. This state does not recognize oral wills and wills written entirely in the handwriting of the testator without signatures of witnesses. If you die without a will, the intestacy laws of the state will determine how your estate will be distributed following your death. The laws of intestate succession can, however, be quite difficult for a novice to understand, and it is wise to speak with an estate planning lawyer Doylestown PA area to help you understand what may happen if you die without a will.
To start with, how your property will be distributed varies depending on whether you died single or married, or whether you had children. Your asset is divided among your heirs in split shares based on their relations to you. The state can own your property if no heirs found.
If you die single with no children, your parents will be your inheritor if they are both alive. Where only one parent is surviving, the estate is distributed among your siblings and your living parent. If none of your parents is alive, the whole property is inherited by your siblings. If no surviving close relatives found, your property is divided between the relatives from the side of the mother and those from the side of the father.
Where you are single with kids, your property is equally divided among your children. However, if you are married devoid of children, your inheritors will be determined by whether your asset is separate property or community property. For separate property, your living spouse, siblings as well as parents become your inheritors. On the other hand, for community property, the entire estate goes to your surviving spouse.
Those who are married with children, the intestate laws of succession require that your entire property goes to your surviving spouse. This only applies if all children are of your living spouse. Otherwise, your existing spouse will receive up to a half of the entire property, and the rest go to the children of your living spouse or partner.
The intestacy laws can be very devastating to couples who are living together but are not married. This because, the laws only recognize relatives in case the decent died without leaving a valid will. This means that unmarried couples cannot inherit property from each other if there is no will stating clearly the intention of the decedent.
There are special rules when it comes to domestic partnerships. It is, therefore, important to talk with your lawyer to understand what would happen to your property should you die without leaving a will. This depends on the state where you reside because not all states recognize domestic partners and Pennsylvania in particular. Generally, however, your domestic partner can inherit you just like your surviving spouse.
It is a wise thing to plan your property when you are still alive. This will ensure that your asset will be handled according to your wishes. Talk with an experienced lawyer to know what would happen if you die without a written will.
To start with, how your property will be distributed varies depending on whether you died single or married, or whether you had children. Your asset is divided among your heirs in split shares based on their relations to you. The state can own your property if no heirs found.
If you die single with no children, your parents will be your inheritor if they are both alive. Where only one parent is surviving, the estate is distributed among your siblings and your living parent. If none of your parents is alive, the whole property is inherited by your siblings. If no surviving close relatives found, your property is divided between the relatives from the side of the mother and those from the side of the father.
Where you are single with kids, your property is equally divided among your children. However, if you are married devoid of children, your inheritors will be determined by whether your asset is separate property or community property. For separate property, your living spouse, siblings as well as parents become your inheritors. On the other hand, for community property, the entire estate goes to your surviving spouse.
Those who are married with children, the intestate laws of succession require that your entire property goes to your surviving spouse. This only applies if all children are of your living spouse. Otherwise, your existing spouse will receive up to a half of the entire property, and the rest go to the children of your living spouse or partner.
The intestacy laws can be very devastating to couples who are living together but are not married. This because, the laws only recognize relatives in case the decent died without leaving a valid will. This means that unmarried couples cannot inherit property from each other if there is no will stating clearly the intention of the decedent.
There are special rules when it comes to domestic partnerships. It is, therefore, important to talk with your lawyer to understand what would happen to your property should you die without leaving a will. This depends on the state where you reside because not all states recognize domestic partners and Pennsylvania in particular. Generally, however, your domestic partner can inherit you just like your surviving spouse.
It is a wise thing to plan your property when you are still alive. This will ensure that your asset will be handled according to your wishes. Talk with an experienced lawyer to know what would happen if you die without a written will.
About the Author:
You can get a complete overview of the things to consider before picking an estate planning lawyer Doylestown PA area at http://shober-rock.com right now.