What An Estate Planning Lawyer Doylestown PA Has Says Regarding Dying Without Leaving A Will

By Robert Hill


Writing a valid will showing how you would wish your property be distributed among your heirs is a great way of avoiding wrangles in your family after your demise. In Pennsylvania, the testator, a person writing the will, should be at least 18 years and mentally competent. This state does not recognize oral wills and wills written entirely in the handwriting of the testator without signatures of witnesses. If you die without a will, the intestacy laws of the state will determine how your estate will be distributed following your death. The laws of intestate succession can, however, be quite difficult for a novice to understand, and it is wise to speak with an estate planning lawyer Doylestown PA area to help you understand what may happen if you die without a will.

The intestate laws of succession vary depending on whether you are married or single, or had children. Your asset is distributed in split shares to your heirs according to what is in the will. Your estate is taken by the state if no heirs found.

If you die single with no children, your parents will be your inheritor if they are both alive. Where only one parent is surviving, the estate is distributed among your siblings and your living parent. If none of your parents is alive, the whole property is inherited by your siblings. If no surviving close relatives found, your property is divided between the relatives from the side of the mother and those from the side of the father.

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.

Some states recognize domestic partnerships. Since special rules apply to domestic partners, it is important to consult an expert regarding the distribution of your property upon your death. If you die without a will, your domestic partner is entitled a share of your property same as a surviving spouse. Pennsylvania does not recognize domestic partnerships.

It is a wise thing to plan your property when you are still alive. This will ensure that your asset will be handled according to your wishes. Talk with an experienced lawyer to know what would happen if you die without a written will.




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