Legal Definitions - ab intestato

Ab intestato is a Latin legal term used to describe the situation when a person dies without having created a valid will. In such cases, their property and assets are not distributed according to their personal wishes, but rather according to the specific laws of intestacy in the jurisdiction where they resided.

Here are some examples illustrating the concept of dying ab intestato:

• Example 1: Unplanned Inheritance for Immediate Family

  Maria, a single mother, passed away unexpectedly without ever having drafted a will. She owned her home and had a savings account. Because Maria died ab intestato, the state's intestacy laws will dictate how her house and savings are distributed. Typically, these laws prioritize immediate family, so her minor children would likely inherit her assets, but a court-appointed guardian would manage them until the children reach legal age, a process Maria might have wanted to avoid or manage differently with a will.

• Example 2: Unintended Beneficiary Due to Lack of Will

  Robert had been separated from his wife, Sarah, for over a decade, though they never formally divorced. He lived with his long-term partner, David, and always intended for David to inherit his estate. However, Robert died suddenly without a will. Since Robert died ab intestato, the intestacy laws in his state would likely consider Sarah, his legal spouse, as his primary heir, potentially leaving David with little or nothing, contrary to Robert's unwritten wishes.

• Example 3: Complications for a Small Business Owner

  Lena owned a successful local bakery and had several employees. She always planned to pass the business on to her dedicated manager, but she never formalized this intention in a will. When Lena died suddenly ab intestato, her two adult children, who had no interest in baking or running the business, became her legal heirs under intestacy laws. Without a will specifying a business succession plan, the children were left to decide the fate of the bakery, potentially leading to its sale or closure, impacting employees and the community, rather than its continuation as Lena might have wished.