Hi
The Barbri notes say the following as to what happens where a decedent dies intestate and has no surviving spouse or descendants. The estate is distributed to other heirs in the order below:
(i) Parents or surviving parent
(II) Brothers and sisters and their descendants
(iii) One-half to paternal grandparents and one-half to maternal grandparents and their descendants
(iv) One-half to nearest kin on maternal side and one-half to nearest kin on paternal side
I have understood (iii) (in bold) to mean grandparents, aunts and uncles, cousins, second cousins etc...
Can anyone clarify (a) whether that's the case and, if so, (b) what types of relatives are referred to in (iv)?
Many thanks
Intestacy Forum
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Shicoco
- Posts: 4
- Joined: Sun Feb 24, 2019 6:54 pm
Re: Intestacy
(iii) You're thinking about it collaterally. Think about it as if they're the testators. Give the property to the grandparents (or grandparent if only one survives). If both are dead, give it to their estate and pass it as if they owned the property upon their death. In other words, it's split among their children/grandchildren/further descendants. This would automatically include aunts and uncles, cousins, etc. Also, most states I believe say that if there is no one to take on one side of the family, say maternal, then both halves of testator's estate would go to the paternal grandparents.
(iv) This is a catch-all provision. It means give it to whoever the heck you can find. Start with great-grandparents and go down. If no one there, go to great-great-grandparents and go down. Remember to separate for maternal and paternal. This could result in the two halves being distributed to relatives who are much further apart from testator.
(iv) This is a catch-all provision. It means give it to whoever the heck you can find. Start with great-grandparents and go down. If no one there, go to great-great-grandparents and go down. Remember to separate for maternal and paternal. This could result in the two halves being distributed to relatives who are much further apart from testator.
