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Wills • Intestate Succession
WILLS#042
Legal Definition
Intestacy occurs when a person dies without a valid will.
Plain English Explanation
Whether you know it or not, and whether you like it or not, you have an estate plan. Ideally, the plan is one you prepared yourself (like a will or trust). But if you are too lazy to take care of that while you're alive, your state's government has you covered with default rules called "intestate succession."
In other words, if someone dies "intestate," it means they died without leaving their own instructions for what to do with their stuff, so the government applies its own rules. This also happens if the will "fails" due to some problem with it where it can not legally be applied by the courts.
Put simply, when you die, you leave behind your stuff. When the government asks, "What the hell do I do with all this stuff?" they first look to the instructions of a will, but if a will doesn't exist (or if it is not legally possible to use it), the government uses its own standard procedures.
In other words, if someone dies "intestate," it means they died without leaving their own instructions for what to do with their stuff, so the government applies its own rules. This also happens if the will "fails" due to some problem with it where it can not legally be applied by the courts.
Put simply, when you die, you leave behind your stuff. When the government asks, "What the hell do I do with all this stuff?" they first look to the instructions of a will, but if a will doesn't exist (or if it is not legally possible to use it), the government uses its own standard procedures.
Hypothetical
Hypo 1: Bob passes away without a will, leaving behind a house, a car, and a bank account. He has a wife, Amy, and two children. Result: Under intestate succession, Amy and the children would inherit Bob's assets according to the laws of the state they live in. The law acts like a default will, distributing Bob's property among his closest relatives.
Hypo 2: Bob writes a will, but it only mentions his collection of vintage guitars and leaves everything else unaddressed. After his passing, it's discovered he has substantial investments. Result: The investments fall under intestate succession since they weren't included in Bob's will. The law steps in to distribute these assets, typically to his nearest relatives like spouse, children, or parents.
Hypo 2: Bob writes a will, but it only mentions his collection of vintage guitars and leaves everything else unaddressed. After his passing, it's discovered he has substantial investments. Result: The investments fall under intestate succession since they weren't included in Bob's will. The law steps in to distribute these assets, typically to his nearest relatives like spouse, children, or parents.
Visual Aids
Related Concepts
How is property distributed where a decedent has no surviving spouse?
In California, what is the result of a pretermitted spouse?
In California, what is the result of intestate succession for a surviving spouse?
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