Walk It Through: The Father Who Left No Will
A crash that took a father, who inherits, the car and the bank account, and the lawsuit for his death.
A father dies in a crash caused by another driver. He leaves a wife, two children they had together, and no will.
Two things a person in this spot might do. Picking one shows what the law says about it.
One family. Real estate, joint accounts with survivorship, life insurance beneficiaries and estate taxes are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Intestate shareWhat a spouse takes when there is no will: the entire estate with no issue and no parent, the first one hundred fifty thousand dollars plus half the rest in some cases, and half where a child is not the spouse's.
- Affidavit for collection of personal propertyA sworn statement a successor presents thirty days after a death to collect the person's personal property, where its total, less liens, is no more than one hundred thousand dollars.
- Personal representativeThe person who acts for an estate. A wrongful death action is brought by the personal representative within two years after the death, for the widow or widower and next of kin.
- Holographic willA will that is valid without witnesses because the signature, the material provisions, and an indication of the date are in the maker's own handwriting.
- Self-proved willA will made with the maker's acknowledgment and the witnesses' affidavits before a notary, so the witnesses need not be found later.