"In an era in which serial marriages, serial families, and blended families are not uncommon, according succession rights under our intestacy laws to posthumously conceived children may, in a given case, have the potential to pit child against child and family against family," she said, since the later child's share of the inheritance would reduce the amount available to any older children.
In most common law states, property passes through the state's intestacy laws to the decedent's spouse and heirs.
Property held in a trust you set up while you are alive (a "living trust") is not subject to intestacy laws, and goes, upon your death, to the person you name in the trust.
California, the District of Columbia, Maine, New Jersey and Washington give intestacy standing (equal to that of a spouse) to both surviving heterosexual and homosexual partners, but only if the couple has signed up for a state partners registry.
The power of an owner of property to determine who is to have it upon his death is thought to stimulate economic activity: it is also considered desirable that a property owner be allowed to modify the rigid rules of the intestacy laws so as to adapt them to the particular situation of his family by preferring, for instance, a disabled child over one of proven capacity.
Without a will, state laws of intestacy will dictate to whom and how John's assets will pass.
The last two are the ways in which the modern systems of inheritance work: the estate is reallotted according to the rules of intestacy law or according to the will of the decedent.
Modern laws of intestacy have tended not to emphasize the traditional concern that property be kept within the bloodline through which it came to the decedent.
"But the law Congress enacted calls for resolution of Karen Capato's application for child's insurance benefits by reference to state intestacy law.
The purpose of a will is to see that your property goes to those individuals, organizations or causes you want it to go to, rather than to those individuals the State says it goes to under the intestacy laws.
