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LSDefine

Simple English definitions for legal terms

intestate

Read a random definition: legitimate heir

A quick definition of intestate:

Intestate means when someone dies without a will. This means that the court has to decide who gets the person's things. The rules for this are different in each state. Usually, the person's family members will get the things. But, they have to be alive when the person dies to get anything. There have been some important court cases that have helped make these rules clearer.

A more thorough explanation:

Intestate refers to when a person dies without a valid will. This means that they did not leave any instructions on how to distribute their property after their death.

When someone dies intestate, their estate goes through probate court. The state’s intestacy laws will determine who will inherit the decedent’s assets. Typically, the takers are relatives of the decedent. In order to take under intestacy, the person must survive the decedent.

For example, if someone dies without a will and they have a spouse and children, the state’s intestacy laws will determine how their property will be distributed. In some states, the spouse may inherit everything, while in others, the spouse and children may share the inheritance.

Over time, several landmark legal cases have helped to refine and clarify the rules of intestacy. For example, Shapira v. Union National Bank addressed the distribution of assets to children in an intestacy case.

It is important to have a valid will in place to ensure that your property is distributed according to your wishes after your death.

  • John died without a will. He had a wife and two children. The state’s intestacy laws determined that his wife would inherit half of his property and his children would split the other half.
  • Sarah died without a will. She was not married and had no children. Her parents were deceased, but she had two siblings. The state’s intestacy laws determined that her siblings would inherit her property.

These examples illustrate how the state’s intestacy laws determine who will inherit a person’s property when they die without a will. In the first example, John’s wife and children were the closest relatives, so they inherited his property. In the second example, Sarah’s siblings were the closest relatives, so they inherited her property.

intestacy rules | intestate succession

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22:54
We were having a conversation about the role of birth control that was politically charged, you brought your own experience into it, I pointed out a possible flaw in the argument, I'm sorry you tried to use a personal example and then when I pointed out something that could be a flaw you took it personally. I even phrased it, "I wouldn't be so sure.." but nah, you know 100% the truth. Everyone should always trust everyones lived experience 100% of the time even if it contradicts other peoples so whatever.
[] baddestbunny
22:57
I can’t tell if you’re a deeply mean-spirited person or just autistic. I think it’s probably the latter but what you said was hurtful to me and I don’t want to engage further
22:57
what the heck.
[] baddestbunny
22:58
Sorry this guy implied that my recent and painful breakup was somehow justified because I take birth control and it pissed me off
[] baddestbunny
22:59
Let’s go back to talking about law school on here
22:59
got another A. have to wait 2-4 weeks to hear on scholarships. booooo.
23:01
nah that's whack, sorry bunny
23:01
I never said it was justified. I just said I wouldn't rule out the possibility that it contributed cus you said you started taking it and then after that he broke up with you. I have no idea what was sufficent to have him break up with you. I just don't know. All I know is, I can't rule that out and it's not a good example for what we were talking about.
23:01
@Invicat: this is the most "first world problems" thing ever but having two early A's and knowing $$ info doesn't come until like Feb at least is so stressfuk
23:02
stressful** but the typo works hahahaa
23:02
it really is
23:02
but hey, congrats!! you're going to mf law school
23:02
woo!
23:04
@AhsokaTano: I said that the other day about UCLA. I was like, man cool to know but shitty there is no money yet.
23:19
yup it's brutal
23:20
makes it hard to talk to people outside of LSD/reddit bc even friends my age won't understand why an acceptance ≠ certainty, let alone my family lol
23:21
i don't wanna tell anyone besides my parent and my partner about my A's anymore in case i get no $$ and can't go somewhere... don't wanna have to explain why i "turned down" a great school.
23:22
Ahh my family and friends are like, finally gunna use that G.I. bill you saved through undergrad after NOT getting into law school last year? It's brutal. I have like 20 people in my life that are just like, just get into law school already. You are 27. Everyone else you know has already graduated law school.
23:23
Your situation though, completely different. I think you got a worse situation still.
23:25
oh i mean GI Bill is like the least we can do for vets. and i don't regret working first — i'll be 5 years in the workforce by the time i resign to enroll next year — but like you said it totally changes the calculus on how to handle admissions news
23:25
and again im at least self aware enough to know this is the tiniest violin of a problem, but i figure maybe LSD people understand hahaha
23:26
Yeah, I think most people do. A lot of LSAT Demon people here and the Demon teaches you to never pay for law school.
23:27
i'm hard set on PI (work experience having confirmed my career goals), so I'm okay with some debt if i go to a school with LRAP. but i still gotta pay rent and buy groceries and all that jazz so it's gotta be workable.
23:28
i know everyone says not to work during law school but i did 20h/week as an undergrad so idk it'd be weird not to have a part-time gig
23:28
I think it would be really nice for me to get a 15k-20k a year extra scholarship. That would kinda seal the deal on whatever school I got into.
23:29
@AhsokaTano: I've seen a couple people do it. I had a lawyer who I used to work for from BU who said I could work during law school if I wanted. She said 1L aint that tough if you have been organized your whole life.
23:29
She did like 32 hours a week but she was a very interesting attorney. Couldn't figure out how to connect the computer to the printer and she was like 32.
23:33
Yeah, now that I think about her again. It was weird. Her husband like coded apps for fun but then like she couldnt use the printer and she was like 5'0" and he was like 6'4" and they were totally opposites of eachother but somehow they were perfect for eachother. It was so weird. She was awesome though. Probably top 3 attorneys I have worked for.
23:35
ahahahahah what that is so hard to imagine
23:38
Yeah, good times. Sad they are over.
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