Importance of Intestate Laws
Intestate law is applicable when a person dies without leaving behind a will for inheritance of property. The intestacy law is used as a guideline of property distribution of the deceased. Therefore it is correct to say that a person who dies without leaving behind the will of distribution of his/her property the deceased died intestate. Therefore in order to fairly divide the left behind property, intestate law is applied which indicates the hierarchy of people who should inherit the property. The relationship between the deceased and the people to inherit the deceased’s property is defined by the intestate law. During the division of the property, two tools are used to divide the property which includes per stripe and per capita. The only time the per capita and the per stripe tools are used is when the property is divided to many people who are entitled to inheritance. The following hierarchy is clearly elaborated by the intestate law.
The first on the hierarchy is the spouse of the deceased who has the right to get a share of the estate if not all of it. It is important to note that if the deceased had an estate, the spouse is the right person to inherit it. If the deceased did not have any kid, the spouse inherits the whole of the estate with the exclusion of relatives. The spouse is only entitled to the inheritance of the deceased if he/she was legally married to the deceased. It is possible to find some jurisdictions where common law marriage is legal.
The second on the intestate hierarchy are children of the deceased. Estate left behind by the deceased is distributed in equal portion to all the children in case there is no spouse. In case there is a spouse, the rules changes. The spouse is given his/her share and the remaining share is equally subdivided among all the children. It should be noted clearly that if the deceased had only adopted children, the property is equally divided among them because adopted children are taken as biological children. According to the intestate law, children are not supposed to inherit the debt of their deceased parent and therefore the assets inherited by the children cannot be used to settle the debts. It is the responsibility of the probate court to select the guardian who will take care of the children of the deceased.
Thirdly, on the intestate hierarchy are parents and siblings of the deceased. In case there is no recognized spouse, children or grandchildren, parents, and sibling are considered to be suitable property inheritors. On this level of the hierarchy, parents are given the first priority and if the parents are not around, siblings are then picked to be inheritors.
The third on the intestate hierarchy are distant relatives and this happens only if the deceased do not have an existing spouse, children, siblings or any descendant. Distant relatives include cousins, grandparents, aunts and uncles who may share the property equally among themselves.
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