Saturday, January 9, 2016

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 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.

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.

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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