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What Is Intestacy?

Posted by Anthony Serra | Jun 29, 2022 | 0 Comments

What is intestacy?
What is intestacy?

What is intestacy?

Intestacy is a legal term that refers to the situation where someone dies without a will.  When a person dies without having made a will, his or her estate is said to pass by "intestacy." In other words, it's distributed according to the state's laws of intestacy.

With intestacy, your property is distributed according to the law rather than your wishes. While intestacy laws provide a basic framework for how assets are to be distributed, in many cases it is not entirely clear how the estate is supposed to be distributed to the intestate heirs. Adding to the difficulty is trying to locate all the intestate heirs since the law treats all intestate heirs the same. In other words, if the law says your cousins are to get a percentage of your estate, then ALL of your cousins are entitled to that percentage, not just the few the decedent happened to be in touch with. Trying to locate these family menders is no easy task and will usually require a lawyer or other professionals to help which means more costs. 

If you are an heir to a property through intestacy, you may have been expecting that the deceased would have made a will. Whether or not this was their intention, you should always make sure that your own affairs are in order so that if something happens to you suddenly, there is no confusion about who inherits your possessions.

You can protect your family and appoint a guardian and trustee for your minor children very easily by doing a simple will. All it takes is a phone call or text
to Serra Law Group at (908) 534-1985. 
Our on-line platform called Smart Law eliminates the hassle of schlepping into an attorney's office like in the old days and streamlines the intake process, so you never have to leave your home. And it can all be done in the palm of your hand on your phone at a fraction of the cost of a traditional law firm. The gap between knowing and doing has never been slimmer!
Act now and feel good you did something extremely important for the protection of your family. 
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About the Author

Anthony Serra

Tony Serra is a passionate advocate, especially for the elderly, disabled and those of modest means who need the services of an experienced and caring attorney. For more than 30 years, Tony has been helping common, everyday folks navigate their way through life's turbulent waters. Through innovation and utilizing modern technology, Tony and his law firm are now able to offer quality legal services that at one time were prohibitively expensive, at a fraction of the cost. If you need basic legal services, such as a Will, Power of Attorney, Living Will, Special Needs Trust, real estate transactions, uncontested guardianship pleadings and much more, please visit our website and our SMART LAW legal services platform. You will be pleasantly surprised by what we offer and glad you did! Tony is also an experienced mediator and founder of the Conflict Resolution Center of NJ. Tony has specific training in family matters as well as elder law and contested guardianship and estate cases.  


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