hat can happen if I do not have a will?

作者：INSURANC… 文章来源：LEGAL 点击数：更新时间：2007-5-18

f you die without a Will, you have died in testate. Your property must go through the probate process in order to have the legal title to the property transferred to your heirs at law. Your heirs at law are defined by applicable state statutes. The law of the state where you live controls the distribution of your personal property.

The rules for determining who gets property distributed from an in testate estate have many variations. Subtle differences between the rules states can have a material effect on who inherits when there is no Will.

An example of an in testate estate distribution rules, taken from the community property state of California, is:

If married, the spouse gets 100% of the community property, but only one-third or one-half of the separate property left, as children, parents, and any issue of children or parents, can share in the distribution.

If not married (this includes widows and widowers), the property is distributed to relatives in the following order:

(1) All to your issue - your children, grandchildren, great-grandchildren, etc., if there are any. If none, then

(2) All to your parents (equally), or to the surviving parent, if any. If none, then

(3) All to the issue of your parents (your brothers and sisters, then your nieces and nephews, etc.). If none, then

(4) All to your grandparents (equally) or the surviving grandparent, or the issue of your grandparents (your aunts and uncles, then your cousins, etc.). If none, then

(5) All to the issue of any predeceased spouse (your step-children). If none, then

(6) All to your next of kin. If none, then

(7) All to the parents of a predeceased spouse (your mother- and father-in-law), or the issue of the parents of the deceased spouse (your brothers- or sisters-in law). If none of the above exist, then

(8) All to the State of California

In addition, in common with many other states, California has many special rules that apply to widow/ers, half-siblings, children born out-of-wedlock, foster- and step-children.

The rules for in testate estates are very technical. The simple alternative is to control how your property is to be distributed, by preparing a valid Will.