Inheritance with Intestacy
How Would Inheritance Be Split Between Two Children If There Is No Will?
Generally, when a person dies without a will, the person’s estate is divided among his or her surviving relatives in accordance with state laws. These laws, however, vary by state, so it may be confusing to figure out exactly what is going on in the estate planning world. The estate may include real estate, bank accounts, and other assets such as life insurance, retirement accounts, and IRAs.
The estate of a deceased person is divided into equal shares among surviving children, grandchildren, and siblings. The estate of a deceased person may also include assets such as life insurance, retirement accounts, 401(k)s, and revocable living trusts.
If a person dies without a will, he or she may leave the estate to his or her spouse, children, or grandchildren. However, if a person is single without children, the estate may be left to his or her parents or to close relatives on both sides of the family. The estate may also include nontaxable assets such as life insurance, retirement accounts, or 401(k)s.
The biggest question most people ask is, “Who is going to inherit the estate?” In the United States, the surviving spouse will receive the bulk of the estate, followed by surviving children, and then grandchildren. In some states, stepchildren may inherit some or all of the property. In New York, the estate may be distributed to the surviving spouse or children of the surviving spouse.
The estate of a deceased person will also include a residuary trust to benefit the deceased’s relatives. This residuary trust will be managed by a trustee until the deceased person’s death, at which time the residuary trust will be distributed to the surviving relatives in accordance with state laws. The residuary trust may include assets such as real estate, bank accounts, and retirement accounts.
The most basic way to figure out who is going to inherit the estate is to look at who is mentioned in the Will. These people are likely to be inherited by the person who left the most valuable item in the Will. In the case of a Will, this is generally a child or grandchild. However, the surviving spouse may also inherit a share of the estate if the person died without children or a spouse. This is called bona vacantia.
Another important question to answer is, “Who will inherit the magic jar?” The jar is the residuary trust, or the remaining estate after the surviving spouse or children are deceased. This is usually a nontaxable asset. The jar is usually a small container containing a small object. However, if the jar contains a large item, it may be difficult to determine who is inherited. Fortunately, the Treasury Solicitor is the go-to person to help figure this out.
In addition to inheritance laws, each state has an intestate statute. If the person dies without a will, his or her estate will be distributed according to the intestate statute. These laws will vary by state, so it is best to consult a lawyer for guidance.
If you have questions, you can get a free consultation with the Best Probate Lawyers.
Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
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West Jordan UT 84081
|Incorporated||August 24, 1921|
|Founded by||William Allred|
|• Total||11.04 sq mi (28.60 km2)|
|• Land||11.04 sq mi (28.60 km2)|
|• Water||0.00 sq mi (0.00 km2)|
||6,066 ft (1,849 m)|
| • Estimate
|• Density||44.29/sq mi (17.10/km2)|
|Time zone||UTC-7 (Mountain (MST))|
|• Summer (DST)||UTC-6 (MDT)|
|GNIS feature ID||1439749|
— Jan Meriss Alfonso (@MerissJan) December 8, 2022