| The Virtual Law Offices of Michael H. Wasserman |
EVERYMAN'S WILLEven if you never sign a written will or if your Will is somehow invalid, Our State laws provide one for you. It isn't pretty; it isn't flexible and it might not be what you want; but at least it helps courts and surviving families determine who inherits what. A generalized chart of the Laws of Intestacy is available at the bottom of this page. |
WHAT'S INCLUDED?
You Will is a declaration that controls the disposition of your property at death. BUT, not necessarily all of your property. Certain assets may pass in other ways, such as:
|
| if there is | |||
| a surviving spouse | and no kids | he/she gets | everything |
| a surviving spouse | and kids | spouse gets the kid(s) |
half split the rest |
| no surviving spouse | but there are kids | they get | everything |
| no kids or spouse | but there is a parent, brother, sister or descendant of a brother or site | they get | equal shares (except that a sole surviving parent gets a double share) |
| no surviving spouse, descendant, parent, brother, sister or descendant of a brother or sister | but there is a grandparent or descendant of a grandparent of the decedent: | they get | 1/2 to the maternal grandparents (or their side of the family)
and 1/2 to the paternal grandparents (or their side of the family) |
| no surviving maternal (paternal) grandparent or descendant of a grandparent of the decedent: | but there is a surviving paternal (maternal) grandparent or descendant of a grandparent of the decedent: | the surviving side gets | everything |
| no surviving grandparent or descendant of a grandparent of the decedent: | but there is a surviving great - grandparent or descendant of a great - grandparent of the decedent: | they get | 1/2 to the great grandparents (or their side of the
family) and 1/2 to the paternal great grandparents (or their side of the family) |
| no surviving great - grandparent or descendant of a great - grandparent of the decedent: | but there is other identifiable nearest kin | they get | everything |
| no identifiable nearest kin | THE STATE and/or COUNTY GETS | everything |
PLEASE NOTE: Under our Supreme Court's Rules of Professional Conduct, these pages might be considered a form of legal advertisement.
Just as important, please bear in mind that the information provided here is not specific legal advice, and you really shouldn't act on anything on this site without seeking professional counsel. While I hope that you do hire me to work for you, merely visiting this web site, or sending me an email should not (and will not) of itself create an attorney-client relationship between us. No one should hire a lawyer based on a visit to a web site or solely on some other form of advertisement. If and when you want to hire me as your lawyer, and if and when I agree to take on your case, we will sign a proper contract or I will give you some other type of written confirmation that we are attorney and client. Until then, please look around, enjoy yourself, and when you are ready, give me a call or drop me an e-mail .
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