Beneficiary? Married couple, no children but each of their parents still living but they don'thave a will.

Question

Does the state choose the beneficiary? If there is no will...
I assume the parents would be the appointed beneficiaries, but am I wrong?
Could a brother, sister, aunt, uncle or non-relative slide in and get take advantage. Parents are getting older and wouldn't put up much of a fight due to lack of understanding and might think someone else would know best.

Answer 1

The laws in every jurisdiction are different. You should consult a lawyer in your area for details.

Generally the intestate statutes (statutes that apply if there is no will) will determine who will take in the event of death. To answer your question generally, if both the husband and wife die at the same time (different states define "same time" differently as well) then his parents would get half and her parents would get half. If he dies first, the wife would get everything, then if she dies later on (usually at least more than a few minutes after the husband), her parents would get everything.

The statutes will not allow a brother, uncle or non-relative to "slide in" to take advantage. The property of the deceased usually passes, in order if alive, to children first, then parents if no living children, then siblings if no living parents, then nieces/nephews if no living siblings, then grandparents, then aunts/uncles, then cousins, etc. If there are no legal heirs, the property escheats or passes to the state as the ultimate owner of property.

Good luck!

Answer 2

Why don't you just make a will & answer your own questions?

If a person dies without a will his/her estate passes as directed by the intestacy laws of the state of residence. It varies, but generally that means some combination of children & spouse. If no children or spouse, usually parents; if none, siblings, then aunts, uncles, cousins, etc Make a will & YOU will control what happens.

Answer 3

If the couple is married than the entire intestate (without a will) estate goes to the surviving spouse, unless the deceased has children by a previous marriage, in which the surviving spouse gets half and the children by previous marriage gets half.

Answer 4

My suggestion to the the two considered one of you is to talk to a criminal professional approximately this count for the reason that making a will must be distinctive in each state. additionally, it must be appropriate which you keep your financial organization money owed or funds seperate because of the fact to the appropriate of my information, the criminal gadget would not guard you in case you and your boyfriend have a dispute on how plenty funds each has interior the account. EDIT: You the two could desire to easily evaluate getting married, that way once you the two make a will, you additionally could make a will mutually and one benefit you have as a married couple is that the criminal gadget will guard you because of the fact to the appropriate of my knowlege, the criminal gadget won't guard you the comparable techniques as married couples.