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What Happens When You Die Without a Will?

by Peter J. Creedon

By Heather Volinski

When a person passes away without a Will, it is said they die Intestate. This is also true for people that have had a Will revoked, annulled or declared invalid. Normally the state where you are domiciled (resident) controls the disposition of all the person’s property within the state. It gets more complicated when out-of-state domicile property, which is then controlled by that states Intestate distribution laws. If you die without a Will and don’t have family, even a distant relative, your asset/property will escheat, go back to the state. Your asset/property will not go to the state if you have a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews or cousins, however, it will only go to the state if they cannot be found or located. So written instructions are very important.

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