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"Intestate" refers to dying without a will. "Intestate succession" is the method of distributing property when a person without a valid will dies. Intestate succession refers to transferring property and assets of the deceased according to the state law. Every state's law varies, but it typically delegates the property to be distributed to the closest surviving relatives of the deceased, which is the surviving spouse, children, parents, siblings, nieces and nephews, etc.
If someone dies without a will or trust, intestate succession is used to determine the person that inherits the assets. Depending on whether or not the decedent was married, different intestate succession rules apply. One complication of intestate succession could occur if the decedent has pre-spouse children. It is advised to make differences clear with a probate lawyer and keep in mind that these considerations are not relevant if the decedent had established a will or had a living trust.
Distributing assets can be especially complicated when a decedent doesn't have a will. State laws are strict about which persons have a share in a decedent's estate. An experienced probate lawyer could provide you with options and even work with experts to prove kinship. Probate lawyers can also help settle disputes in case they arise.
If you need assistance with intestate succession or want to learn more about the intestate succession laws in your state, contact a probate lawyer today. Attorney Search Network can help you find a probate lawyer in your area that can effectively solve wills and estate planning issues.
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