If a person dies "intestate" his/her assets will be distributed pursuant to his/her state's laws for "intestate succession."
Such laws vary somewhat but in general if the deceeased was unmarried the entire estate would pass in equal shares to the decedent's children; or if a child pre-deceasess its share will pass to its children. If there are no children states laws will distribute to parents, or siblings depending on some statutory formula. There are usually extensive provisions to avoid "escheatment" to the state. If the deceased is legally married; there are usually laws providing that the home and at least half the estate to pass to the surviving spouse. In general unmarried "partners" of either sex have no legal rights to a deceased's estate, though some states have begun to modify this rule with various "domestic partners" statutes.
2006-08-31 08:17:12
·
answer #1
·
answered by Anonymous
·
1⤊
0⤋
It depends on what state you are in. Some states have common law marriages, so if your dad and his partner have lived together for a long time, then the partner may be eligible for some of his estate or all. It is best to leave a will, because there are less questions when the time comes to divide up the estate.
2006-08-31 14:08:49
·
answer #2
·
answered by Tarheel Girl 08 3
·
0⤊
0⤋
His partner gets nothing if they are not married (formally attached). Period. But if there is a will and the partner is mentioned as the sole inheritor than bad luck they do have a right.
Incidentally you and if you have brothers and sisters inherit what is available if there is no will. So the best outcome is if the will does not have the partner involved at all or if there is no will at all. In both cases you should be inheriting something if not all.
2006-08-31 17:06:58
·
answer #3
·
answered by KCD 4
·
0⤊
0⤋
If your father doesn't leave a will, the assets will be distributed according to the laws of the state. Usually, the assets are distributed according to next of kin - spouse and children.
2006-08-31 14:09:11
·
answer #4
·
answered by Anonymous
·
0⤊
0⤋
I am glad that you asked that question, if you die without a will, the state decides who takes care of your children, who gets your estate, and they make all kind of decisions you may not agree with, but what can you do you're dead. That's why it is important to have your will done it is the last love letter you will ever leave to you family. Plus I think it's cool to be able to call shots from the grave!!lol You can get your will done free through Pre-paid legal services and updated every year free saving you hundreds of dollars!! visit www.prepaidlegal.com/hub/gharris14 for details, it's my best friend's website!!
2006-08-31 14:14:29
·
answer #5
·
answered by Anonymous
·
0⤊
0⤋
Overkill
2006-08-31 14:12:07
·
answer #6
·
answered by EL Big Ed 6
·
0⤊
0⤋
His estate goes to Probate Court. Which means the courts decide how his estate will be distributed. It can be a long and expensive process. Everyone should have a will. Do it now.
2006-08-31 14:08:05
·
answer #7
·
answered by jim 6
·
1⤊
0⤋
depends by da state, either goes 2 closest family or 2 spouse, or bush just comes ovr and takes it all
2006-08-31 14:06:56
·
answer #8
·
answered by Anonymous
·
0⤊
0⤋
if you can't get anyone to represent you in the assets.. it goes to the state.
mostly the bank, savings, safe deposit... if you have no access to it legally.
2006-08-31 14:06:00
·
answer #9
·
answered by Anonymous
·
0⤊
0⤋
the goverment takes all your s hit. and your kids (if you have them) go to an orphanage.. start writing..
2006-08-31 14:06:03
·
answer #10
·
answered by crazy4datcoffee 2
·
0⤊
1⤋