How Does the Law of Intestate Succession Work?
In the fact scenario set forth above, the law of intestate succession might give Lionel’s spouse one-third of Lionel’s property and provide for the equal distribution of the remainder of the property to Lionel’s children. The law of intestate succession varies somewhat from state to state; thus, the law of each state must be consulted for details. Generally speaking, the law of the state where the intestate person was domiciled at the time of his or her death is controlling. The Benefit of a Will In light of the law of intestate succession, the question arises as to the benefit of a will. The benefits of distributing a person’s property in accordance with a will are, in fact, numerous. At best, the law of intestate succession represents a guess at how an intestate person would have wanted to dispose of his or her real and personal property. The law is based on a traditional family structure and persons not related to the intestate person receive no consideration whatsoever. The distrib
