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.
To start with, how your property will be distributed varies depending on whether you died single or married, or whether you had children. Your asset is divided among your heirs in split shares based on their relations to you. The state can own your property if no heirs found.
If you die single without children, your parents would inherit your entire asset so long as they are both alive. If one of your parents has already died, your property will be divided among your siblings and your surviving parent. If both parents are already demised, your entire property will be divided among siblings into equal parts. When no surviving parents, siblings, nephews and nieces can be found, the property is divided into two halves: one goes with the relatives from the maternal side and the other from the paternal side.
If, on the other hand, you are single with children, the asset is equally distributed among your kids. Where you are married without kids, the division of your property depends on whether it is a separate asset or community property. Separate property is inherited by the surviving spouse, parents, and siblings. Community property, on the other hand, is inherited by the living spouse.
If you had a family with children, your surviving spouse would be your sole inheritor. However, that happens if all your children are of the existing spouse. In the case where they are not, your surviving spouse gets up to a half of your property, and the rest go to your surviving partner or 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.
Plan you property early enough to ensure that it is handled according to your wishes once you are gone. Look for a good attorney to help you with the property planning process. Asking friends and relatives can be a great way of finding a competent one.
To start with, how your property will be distributed varies depending on whether you died single or married, or whether you had children. Your asset is divided among your heirs in split shares based on their relations to you. The state can own your property if no heirs found.
If you die single without children, your parents would inherit your entire asset so long as they are both alive. If one of your parents has already died, your property will be divided among your siblings and your surviving parent. If both parents are already demised, your entire property will be divided among siblings into equal parts. When no surviving parents, siblings, nephews and nieces can be found, the property is divided into two halves: one goes with the relatives from the maternal side and the other from the paternal side.
If, on the other hand, you are single with children, the asset is equally distributed among your kids. Where you are married without kids, the division of your property depends on whether it is a separate asset or community property. Separate property is inherited by the surviving spouse, parents, and siblings. Community property, on the other hand, is inherited by the living spouse.
If you had a family with children, your surviving spouse would be your sole inheritor. However, that happens if all your children are of the existing spouse. In the case where they are not, your surviving spouse gets up to a half of your property, and the rest go to your surviving partner or 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.
Plan you property early enough to ensure that it is handled according to your wishes once you are gone. Look for a good attorney to help you with the property planning process. Asking friends and relatives can be a great way of finding a competent one.
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