Passing away without having a proper legal will set in place can result in significant complications for the family members of the individual who passed away. When a person dies without a proper will in Utah, then the assets left behind will be passed on based on intestate succession laws. Assets that the deceased owned under their own name are what is affected by such laws. Other assets such as the property that is transferred through a living trust or life insurance proceeds are not included.
When it comes to intestate succession, the assets are usually given to the closest relatives, so the distribution is based on whether or not a person was married, had children, or had parents that are still alive. If a person has a spouse but no children or descendants, then their spouse will likely inherit everything. If they have children but no spouse, then the children will also likely inherit everything.
There are many intestate succession laws that govern how property will be distributed and it can be confusing to figure everything out on one’s own and it can be easy to mistake one law or situation for another. An estate planning lawyer can properly calculate the details and let a person know what their family members can expect to receive if a person decides not to go forward with creating a legal will. It is always a better idea to take the precaution and have thorough estate planning put in place because this will save their family from going through the probate process and it also gives a person the ability to decide who receives how much of their hard-earned assets.
The law is very detailed and has different rules for adopted children, foster children, and children put up for adoption. There are also succession laws including survivorship periods, advancements, and posthumous relatives and this can all become very complex and is better explained through the help of an attorney.
Saint George, Utah, Does the state receive property in intestate succession?
When a person passes away without a will and in the instance that they do not have a family, their property will escheat towards the state. However, in most cases, this does not occur as the law has been created to designate the estate to anyone who was related to a person, and this can go as far as cousins to any degree.
Connect with an estate planning lawyer at the Law Office of Barney, Mckenna, and Olmstead P.C. today to get proper legal assistance and advice regarding one’s estate.
Reach them at:
43 South 100 East
590 W Mesquite Boulevard