Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

intestate

Read a random definition: bona et catalla

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
BulbasaurNoLikeCardio
7:51
@texaslawhopefully: best prices and only fast food that doesn't make me sick
matt gaetz ethics report released
paid for sex with a junior in high school
guarantee people still defend him
BulbasaurNoLikeCardio
9:51
I only read headlines and skimmed a random article of it since I am the only one at work this week. Seems like he is Republican Hunter Biden but not at the paying rent with poop paintings stage
ImpartialLion
9:55
Sent in my transcript at 6 am today and it’s processing. Think it will be processed before lsac closes tmrw?
BulbasaurNoLikeCardio
9:58
I would say it is a toss up, for how much LSAC charges us for everything they are extremely efficient in processing and sending stuff out BUT with a 30% uptake in applicants and the holidays it may be significantly slower unless it is ran through and processed by a computer program. Even if it takes them longer to process it, not like there is anyone at a school to request and review it after LSAC does their thing
Do we know if any of the t14 open at all this week
just called Fordham. they said there will be decisions going out today
so congratulations on pre xmas waves
BulbasaurNoLikeCardio
10:27
Hope schools are chill and just send As leaving the Rs for next month lol
soap
10:49
Fingers crossed for good luck today
BulbasaurNoLikeCardio
10:56
@soap: really hoping to get that UTK call today
11:08
what if instead of a room of one’s own virgina Woolf wrote a cubicle of one’s own
UGA ED deferrals are coming out rn
LSD+ is ad-free, with DMs, discounts, case briefs & more.