How is it possible to have a person die without a will and still distribute their assests correctly?
One week ago my Mom died leaving no will. I don't know if her wishes were even documented anywhere.My father and brother insist they will distribute the belongings.Cash in policies and such. How can they legally do this?
Answers:
Each jurisdiction has its own laws of intestate succession.
If your mother had resided in a community property state, half of the community property automatically goes to her spouse.
If you object to the distribution, you should hire an attorney.
Good luck!
they can't. need to go to a court for this and the court will usually handle this. you
When your mom died, all of her assets became "an estate". there has to be an "administrator" of that estate. There are laws in every state (and they differ) to determine how to do this. if you are not happy with the result, you can get an attorney and take your claim to court.
things to know 1) community property state or not. 2)tenants in common. 3) joint tenants with right of survivorship. I think there are a few others. beneficiaries of insurance policies, IRAs, etc.
Power of attorney.. But it depends on what state. CT is bad you have to have a power of attorney for any family member that dies to touch assets.
If a person dies intestate most state laws allow the assets to go to the next of kin. If there is no next of kin the state gets it.
Most married couples have each other as the beneficiary.
Persons who did without specifically making out a will die intestate, that is, without a will. In such cases state law prevails and a standard will is provided. Therefore, in effect, everyone dies with a will. These intestate wills differ from state to state so you'll need to talk to an attorney. If you are too young to be able to consult an attorney on your own, I would advise you to research the intestate laws for your state on line or in a local library.
Insurance policies are not usually distributed through wills but have named beneficiaries provided by the insured or policy owner prior to the death of the insured. In some cases, however, this is not so. For example, perhaps the named beneficiary or beneficiaries died prior to the death or coincidentally with the death of the insured. In such case the insurance proceeds could be distributed via a prepared will or intestate will. This can cause a tax consequence in larger estates.
1st off, my condolensces on your mothers passing. When a person dies and leaves no will, all their belongings go to their spouse, and the spouse can do whatever they want with them. If there is no spouse, it goes to the first born. If there are cd's and policies and things of this nature, and they are not in both of your parents name, a death certificate will be needed to get those things. Since your father is still alive, he gets everything and he does not have to give up a thing. Good luck and I hope you get something good.
If your other died without a will and her estate is above the threshold established by your state, your mothers estate cannot be distributed without an administrator appointed by the probate court.
Most likely, the rules of your state will give everything to the spouse.
The exceptions are non-probate assets, such as insurance and property under join tenancies with rights of survivorship.
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