what happens when you die without a will?

Question

there a 4 adult kids none get along. and the parents refuse to do a will..

Answer 1

If a person dies without a will or a will turns out to be invalid, two things can happen. The first and more preferable scenario is that all of a deceased's assets are split up in an orderly fashion by those closest to the deceased. Common ways that this may happen automatically are when assets have a right of survivorship feature (e.g., checking accounts and jointly owned real estate) or when the assets name beneficiaries (e.g., retirement plans and life insurance policies). Less formally, the distribution of assets occurs when relatives decide who gets what and throw out the rest.

The second way assets get distributed when a person dies without a will is according to the default rules of the state where the deceased resided. These rules are generically referred to as intestate succession laws, statutes of descent, or rules of descent and distribution. Whatever their name, though, they can really stink for those caught unawares.

If a person dies without making a will, he or she is said to have died "intestate". Since there is no will, the deceased person’s property is distributed according to rules laid down in the ADMINISTRATION ACT 1969
The ADMINISTRATION ACT 1969 sets out the rules of intestacy, which state who will receive the property. Generally the property goes to family members, as follows -

* If the deceased had a husband or wife or a civil union or de facto partner, but no surviving parents or direct descendants, the spouse or partner will get all of the estate.
* If there is a spouse or partner and also direct descendants, the spouse or partner will receive all the personal chattels, the first $121,500 of the estate and a one-third share of the remaining property. The other two thirds go to the direct descendants.
* If there is a spouse or partner, no direct descendants but surviving parents, the spouse or partner receives all the personal chattels, the first $121,500 of the estate and two thirds of the remaining property, with one third going to the surviving parents.
* If the deceased did not have a surviving spouse or partner nor any direct descendants, the deceased's parents will receive the whole estate.
* If there are no parents, the deceased's brothers and sisters or their direct descendants receive the estate.
* If there are no brothers and sisters, nor any of their descendants, the estate is shared between grandparents or, if none, aunts and uncles.
* If none of these parties exist, the Crown will receive the property.

De facto partners were included in the above provisions on 1 February 2002, but only where the deceased died on or after that date. Further, some de facto partners are not included - see below.

Civil union partners were included in the above provisions on 26 April 2005.

Answer 2

Any person who dies without executing (making) a valid last Will is known as dying INTESTATE. In that event the deceased's estate is distributed according to the state's Law on Intestacy.
It is important to be aware that the spouse of a deceased person who died Intestate, DOES NOT automatically inherit the whole of the estate, if the total value of the free estate passing on the death, is of substantial value. The Law prescribes what a surviving spouse can automatically receive, this is known as the Statutory legacy, and the amount is dependent on whether or not the deceased was also survived by children and other heirs.

Generally the spouse and children will split the estate if there is no will.

Answer 3

The specifics depend on the laws of the particular state where the person dies or where the person has legal residence. My father always said, "Live in Pennsylvania, die in Virginia," because the PA laws were in his favor while alive, but it made life easier on my mom and we kept more of his estate based on legal residence in VA.

Generally speaking, however, the court will appoint an executor, financial obligations to creditors will be paid, final expenses will be paid, and then the fight begins among the heirs.

Answer 4

In the US, I think the state govenment gets involved. If I remember correctly, everything the state doesn't take gets divided up among the next of kin (in this case, the children). Not sure, though.

Answer 5

simple if the parents refuse to leave a will the estate of your parents goes into escrow then becomes property of the state

Answer 6

The kids will all fight over the stuff, making the death of a family member all the more emotionally painful.

Answer 7

The estate will first go to the spouse, then will probably be evenly divided among the rest.

Answer 8

All your wealth fall under Probate Court. The court decides who are your rightfull heirs.

Answer 9

The government will decide what will happen to your assets. Make a will.

Answer 10

It might boil down to which of the kids has the best lawyer. :P