Simple English definitions for legal terms
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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.
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.
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.