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2016/03/21

Advice From An Estate Planning Lawyer Doylestown PA Has On Inheritance Without A Will

By Robert Hill


One of the most important lessons in life should be planning for the unexpected things in life. If you happen to own a considerable amount of property, you will want an arrangement whereby all those you care about getting your property receive their share the way that you would have wanted it to be. So writing a will while still alive is such a wise thing doing. In Pennsylvania, the laws require that the testator be 18 years and above as well as be mentally competent. Now, if you die without leaving a valid will, the PA intestacy laws determine how your property will be divided among your heirs following your death. Given the complications that come with passing on the property, you would want to talk with an estate planning lawyer Doylestown PA professional about your particular case to know what may crop up in case you die without leaving a valid will.

The intestacy laws vary based on whether you are single or married, or had children. In PA, your property is distributed to your heirs as laid out in your will. Heirs can include your siblings, surviving spouse, uncles, aunts, nephews, nieces, and distance relatives. However, your property can go to the state if no relatives found.

The entire estate would go to your parent if you died single without children. And if one of your parents is not alive, the asset is fairly distributed among your siblings and your surviving parent. The entire property goes to your siblings in equal parts where your both parents are not living. Relatives from the side of your mother and that of your father can inherit you if no close relatives are found.

Where you are single with kids, your property is equally divided among your children. However, if you are married devoid of children, your inheritors will be determined by whether your asset is separate property or community property. For separate property, your living spouse, siblings as well as parents become your inheritors. On the other hand, for community property, the entire estate goes to your surviving spouse.

If you are married with children of the living spouse or partner, the entire property is inherited by your spouse. If children are not of the existing spouse, then he or she receives up to a half of the entire estate. The remaining property is inherited by the children of your surviving spouse.

The intestacy laws only acknowledge relatives where the decedent did not leave any will, and this can be quite devastating to unmarried couples who are living together. However, unmarried couples can inherit the property if there is a will that clearly state the intention of the decedent. Otherwise, the property will be divided among relatives based on their relations to the decedent.

There are special rules when it comes to domestic partnerships. It is, therefore, important to talk with your lawyer to understand what would happen to your property should you die without leaving a will. This depends on the state where you reside because not all states recognize domestic partners and Pennsylvania in particular. Generally, however, your domestic partner can inherit you just like your surviving spouse.

Death is a certainty, so planning your property early ensures your property is handled in line with your wishes. Hire an attorney experienced in intestacy laws to help you with drafting a valid will. A will that is valid will help prevent family battles after you are gone.




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