When would the rules of intestacy come into play even if the testator had a Will?

When would the rules of intestacy come into play even if the testator had a Will?

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Madison Smith
Assistant at Parklin Law

Let's say a person has a will but they are killed in an accident. Is that person's estate subject to the laws of intestacy?

It turns out that the answer depends on the specific circumstances of the person's death.

  • If someone dies without a will but has children under the age of 18, then their estate will pass according to the rules of intestacy.
  • If someone dies without a will and has no surviving children but they have surviving parents or siblings, then their estate will pass according to the rules of intestacy.
  • If someone dies without a will and has no surviving children, parents, or siblings, then their estate will be distributed as if they had died without relatives. In other words, their property will pass to whoever is named in that state's laws for unclaimed property.
  • Suppose someone dies with a will, but it is contested in court and invalidated by a judge (rather than being revoked entirely by its maker). In that case, the court can distribute their property according to the rules of intestacy - i.e., to whoever would have received it under those rules if there had been no will at all.

In addition, If you have a Will, your assets will be distributed according to the instructions in that document. If you don't have a Will, your assets will be distributed according to the rules of intestacy.

If you have any questions or in need a Will Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.

We help you with Estate Planning, Wills, Trusts, Power of Attorney, Health Care Directive, Estate Administration, Probate and More

Parklin Law - Estate Planning

5772 W 8030 S, # N206

West Jordan UT 84081

(801) 618-0699

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Parklin Law
Estate Planning Attorney in West Jordan
https://parkin-law.business.site/

40.605070, -112.027530

Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.

Location: Grantsville, UT 84029, USA

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