What An Estate Planning Lawyer Doylestown PA Has Says Regarding Dying Without Leaving A Will
Writing a valid will showing how you would wish your property be distributed among your heirs is a great way of avoiding wrangles in your family after your demise. In Pennsylvania, the testator, a person writing the will, should be at least 18 years and mentally competent. This state does not recognize oral wills and wills written entirely in the handwriting of the testator without signatures of witnesses. If you die without a will, the intestacy laws of the state will determine how your estate will be distributed following your death. The laws of intestate succession can, however, be quite difficult for a novice to understand, and it is wise to speak with an estate planning lawyer Doylestown PA area to help you understand what may happen if you die without a will.
To start with, how your property will be distributed varies depending on whether you died single or married, or whether you had children. Your asset is divided among your heirs in split shares based on their relations to you. The state can own your property if no heirs found.
If you die single with no children, your parents will be your inheritor if they are both alive. Where only one parent is surviving, the estate is distributed among your siblings and your living parent. If none of your parents is alive, the whole property is inherited by your siblings. If no surviving close relatives found, your property is divided between the relatives from the side of the mother and those from the side of the father.
If, on the other hand, you are single with children, the asset is equally distributed among your kids. Where you are married without kids, the division of your property depends on whether it is a separate asset or community property. Separate property is inherited by the surviving spouse, parents, and siblings. Community property, on the other hand, is inherited by the living spouse.
Those who are married with children, the intestate laws of succession require that your entire property goes to your surviving spouse. This only applies if all children are of your living spouse. Otherwise, your existing spouse will receive up to a half of the entire property, and the rest go to the children of your living spouse or partner.
The intestacy law could be quite complicated for the unmarried couples who are living together and especially if the decedent did not leave a will. Your unmarried couple can inherit you if there is a valid will clearly showing your intention. Otherwise, the estate goes to your relatives based on their relations to you.
While Pennsylvania does not acknowledge domestic partnerships, a good number of states in the country do recognize this type of marriage. If you reside in a state where domestic partners are accepted, consult an expert to understand what the laws say regarding passing on the property without a will. In general, your domestic partner should inherit you just as your surviving spouse should.
Plan you property early enough to ensure that it is handled according to your wishes once you are gone. Look for a good attorney to help you with the property planning process. Asking friends and relatives can be a great way of finding a competent one.
To start with, how your property will be distributed varies depending on whether you died single or married, or whether you had children. Your asset is divided among your heirs in split shares based on their relations to you. The state can own your property if no heirs found.
If you die single with no children, your parents will be your inheritor if they are both alive. Where only one parent is surviving, the estate is distributed among your siblings and your living parent. If none of your parents is alive, the whole property is inherited by your siblings. If no surviving close relatives found, your property is divided between the relatives from the side of the mother and those from the side of the father.
If, on the other hand, you are single with children, the asset is equally distributed among your kids. Where you are married without kids, the division of your property depends on whether it is a separate asset or community property. Separate property is inherited by the surviving spouse, parents, and siblings. Community property, on the other hand, is inherited by the living spouse.
Those who are married with children, the intestate laws of succession require that your entire property goes to your surviving spouse. This only applies if all children are of your living spouse. Otherwise, your existing spouse will receive up to a half of the entire property, and the rest go to the children of your living spouse or partner.
The intestacy law could be quite complicated for the unmarried couples who are living together and especially if the decedent did not leave a will. Your unmarried couple can inherit you if there is a valid will clearly showing your intention. Otherwise, the estate goes to your relatives based on their relations to you.
While Pennsylvania does not acknowledge domestic partnerships, a good number of states in the country do recognize this type of marriage. If you reside in a state where domestic partners are accepted, consult an expert to understand what the laws say regarding passing on the property without a will. In general, your domestic partner should inherit you just as your surviving spouse should.
Plan you property early enough to ensure that it is handled according to your wishes once you are gone. Look for a good attorney to help you with the property planning process. Asking friends and relatives can be a great way of finding a competent one.
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Title: What An Estate Planning Lawyer Doylestown PA Has Says Regarding Dying Without Leaving A Will
Author: Robert Hill
Email: nathanwebster335@live.com
Keywords: estate planning lawyer Doylestown PA
Word Count: 549
Category: Legal
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