Property Division When There is No Will

There are people who assume that they really don’t need to take the time to draw up a will or engage in any other form of estate planning, and their reasons for feeling this way varied. One very common assertion that many people make is that inheritance planning is unnecessary for them because they don’t have significant assets to distribute. You should contact Law Offices of Kenneth Carp to get legal advice in case there is no biding documents related to inheritance.

So, what is meant by the term ‘intestacy’?

Intestacy means that an individual has died without leaving a Will, or the Will of the deceased is invalid, e.g. it was not witnessed or the Will was revoked prior to death.

Just what transpires where there is an intestacy situation?

If a person passes away without a Will it means the intestacy legislation sets out who may deal with the deceased person’s money, possessions as well as their property (their “estate”), and who receives what from the estate.

Who should handle the deceased person’s estate where there isn’t a Will?

The legislation sets out a ‘pecking order’ who should manage a deceased individual’s estate where there is no Will. The pecking order is:

The husband, wife or registered civil partner of the deceased individual. Please note this does not extend to unmarried/common law partners.

  1. Children of the deceased individual.
  2. ‘Grandchildren.
  3. The parents of the deceased.
  4. The brothers and sisters of the whole blood (they have both parents in common) of the deceased.
  5. The children of brothers and sisters of the whole blood of the deceased (i.e. nieces/nephews).
  6. The brothers and sisters of the half blood (they have just one parent in common) of the deceased.
  7. The children of brothers and sisters of the half blood of the deceased.
  8. The grandparents of the deceased.
  9. The uncles and aunts of the whole blood of the deceased.
  10. Children of uncles and aunts of the whole blood of the deceased (i.e. cousins).
  11. The uncles and aunts of the half blood of the deceased.
  12. Children of uncles and aunts of the half blood of the deceased.

Who inherits from the estate?

The intestacy rules state who inherits what from the deceased person’s estate. It is essential that the deceased person’s money and assets are paid out in accordance with the Intestacy Rules. To do otherwise would be a breach of the law. A brief overview of the order of priority of the Intestacy Rules is as follows:

The husband, wife or registered civil partner of the deceased (but NOT their unmarried partner or ‘common law’ partner).

  1. The deceased’s children (or grandchildren where the child has already died).
  2. The deceased’s parents.
  3. The deceased’s brothers or sisters (or their descendants if they have already died).
  4. The deceased’s half brothers or sisters, (or their descendants if they have already died).
  5. The deceased’s grandparents.
  6. The deceased’s Uncles & Aunts, (or their descendants if they have already died).

What is required to deal with the deceased individual’s money, property and possessions?

If the deceased person owned assets in their sole name worth more than £5000, the next of kin will need to obtain something called a grant of ‘Letters of Administration’, which is arranged through the Probate Registry. The title is slightly misleading in that a grant of Letters of Administration is actually a court order rather than “letters” in the common use of the word.

A grant of Letters of Administration is not required to deal with any jointly owned assets, for example a joint bank account.

Letters of Administration can be obtained directly by the next of kin by completing the probate forms and applying directly to the Probate Registry. It isn’t necessary to use a solicitor, unless the deceased person’s estate is complicated or of a very high value.

Anyone who dies without a will is invariably making things quite a bit harder on their loved ones due to the realities of intestacy laws. And even if you are young, accidents do happen. If you don’t have a lot of assets to distribute, just about everyone has possession that have sentimental value at the very least. Investing the time it takes to draw up a will is well worth the effort, and it is in a very real sense a responsibility that each one of us has to our loved ones.

Skillful Criminal Lawyers In Fort Lauderdale Helping So Many Criminals For So Long

Need of experienced criminal lawyers:

The experienced criminal lawyers of Fort Lauderdale have been offering their services to the clients against the crime related charges throughout different states of Fort Lauderdale for decades. There are so many of the good people as well as the productive citizens, who are charged with the theft crimes because of making unfortunate mistakes. These people deserve a second chance instead of getting imprisoned in the state prison and the permanent criminal record.

Get over criminal charges:

There is some good news for all those people who want to get over the Pagan & Stroleny, P.L criminal charges. The experienced staff of the Fort Lauderdale crimes lawyers is available for helping the people for the sake of defeating their charge and keeping all such matters out of their records. The very first approach of these the criminal lawyers to each and every crime are to investigate all the facts to see that if the prosecutor has enough evidence for proving the crime. If not, then the lawyers can very easily challenge the evidence in the court that usually results in dropping of the case or winning a ‘not guilty’ verdict at trial.

Take the records off:

At times, the evidence of the prosecution may be overwhelming. But even then, the criminal lawyers of Fort Lauderdale know all the ways to negotiate an arrangement with the judge or the prosecutor for getting the theft charges dismissed off the victim. This is usually true in those kinds of criminal cases where there the crime is just made out by mistake and the client does not have any such record.

Common crimes:

  • Burglary: Entering into any structure with the intention of committing a theft crime, constitutes burglary in California.
  • Embezzlement: This refers to the stealing of a property that is entrusted to a person by the owner, by wrong means or misappropriating it.
  • Robbery: A person may be charged for the robbery in California if he forces or threatens someone to take the property immediately.
  • Carjacking: The robbery of a vehicle is known as carjacking. California carjacking may be charged for a person forcing the owner of a vehicle for immediate possession by means of
  • Receiving Stolen Property: This type of crime happens when a person receives or purchases a property, even by knowing that the property is stolen.