Inheritance is something we do not like to hear about because it implies someone’s death. Sometimes our relatives and closest family members do not leave a will. Some of them might not even have thought about it. Others are reluctant to do it because they fear death or because they find it annoying. Whatever the reason is, we will see what the law in the USA says about it and who is the rightful owner or owners of the estate.
Despite the fact that there is no will in some cases, there are other assets that cannot be inherited through a will. For instance, if that person had life insurance, a bank account, retirement plans, or funds like POD, they are not on wills. You may need to find all the documents related to them and see who is the person who can inherit them.
If for instance, someone dies and that person owned a house and leaves no will, you need to check state law. Do not forget that every state across the US has something called “intestate succession laws”. These laws are in charge of the sharing of the house among those close relatives. If there is no will, the executor’s role comes from the law. The state establishes a list of the people who can opt for that role. The court can give that role whenever necessary.
Who could have the role of executor when there is no will?
Most commonly, it is the spouse of the deceased. However, if there is no spouse but a registered domestic partner that would be fine too. The following group at the top of the list is adult children. After their children, other family members come. So, in general, spouses or the aforementioned domestic partners that are registered, as well as blood relatives can get their inheritance.
So, if is sorted out under intestate succession laws those will be the only heirs. Therefore, unmarried partners, charities as well as friends, do not get anything at all. What about the amount that each rightful heir could get? In most cases, it is the spouse the one that gets most of it. Spouses could even end up having it all if there are no children.
Those who are distant relatives only get their share if there is no spouse or children. Even though in most cases there are spouses, children, or relatives, if there is none of them, the state will take it all. It is also important to mention that some states do not allow some people to get an inheritance if they treated badly the person who passed away.