If someone doesn't have a living will who gets the inheritence?

Question

If someone doesn't have a living will their house is paid off, no debts, who gets the inheritence: The children or the state?

Answer 1

A living will has nothing to do with inheritance. It has to do with how your life will be handled should you become ill and unable to make decisions for yourself. Things such as being kept alive artificially (breathing, feeding, medication, resuscitation etc.) are some things covered by a living will. It's usually accompanied by a Health Care Proxy, which gives authority to someone to make these and other healthcare decisions for you should you become unable to make them for yourself.

What you're asking about is covered in a regular will. Generally, if there is a surviving spouse he/she will inherit everything through operation of law, even without a will. If there is no spouse, the court steps in and becomes the administrator of the estate. It will decide which of the children get what portion of the property.

You might want to check with your local bar association (or local town or county courts) for the specific rules in your state.

Answer 2

You mean a Last Will and Testament (aka a Will) -- a Living Will is a legal document that sets forth the individual's preferences regarding life support.

State laws govern the disposition of property in the event that an individual dies intestate (without a Will), or a Will is determined invalid, etc., so for specifics state laws need to be checked. That said, however, an individual's estate won't pass to the state unless the individual is found to have died with no heirs. For example, a common succession law would provide that the estate would pass to the spouse if there is a spouse but no descendants (children); to the children if there are children but no spouse; and to both (split) if there is both a spouse and children.

I think it's fair to say that, for most people, the concern isn't that the property will pass to the state -- the majority of people do have heirs (remember, heirs can include not only spouses and children, but parents, siblings, grandparents, and the descendants of any of those) but rather, that in the absence of a will the state will 1) assume that you would have disposed of all of your property to your relatives and 2) determine which of those relatives inherit. So, it doesn't matter if you hate your Aunt Sally....if you die without a Will, it could be, in your state, that Aunt Sally gets all your $$.

Answer 3

You mean a regular Will, a Living Will is totally different.

Without a Will, the state's laws of intestacy decide what happens, based on what relatives have survived.

First in line is the spouse. If there are also children, the children may get a share. If there is a spouse and no children, the parents may get a share. If there are children and no spouse, the children get it. If no spouse and no children, the parents get it. If none of those, siblings. If none of those, they may and may not look farther for nephews or cousins, but at some point if there is no Will and no family, the State will take it.

Specifics of this vary by state laws. I'm not aware of any state not having Intestacy statutes.

Answer 4

No one, A living will is a medical directive stipulating what, if anything, is to be done in the event of incapacity including life support.

Now, if you meant a WILL, then the distribution of the estate follows your state Intestate Succession statutes.

So, what state?

Answer 5

It really all depends. Did they have life insurance or not? And also, is anyone trying to fight for an inheritance?

Also, now that I remembered all about the Living Will thing (lol, I figured you were refering to them actually writing a Last Will and Testament before their death!) I think you need to specify whether or not you are refering to a Living Will or the Last Will!

Answer 6

If she has died then the guy that became in fee of the valuables (will) will touch you maximum in all probability a criminal professional and purely on the grounds which you have been advised with the help of a 0.33 occasion does not advise it somewhat is authentic

Answer 7

if the person who died did not leave a will allocating to whom everything was to go to then it will be divided amongst the wife and children...assuming that there are no debts owed by the deceased