• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Unsworth LaPlante, PLLC

Vermont Estate Planning Attorneys

Vermont: (802) 879-7133

Attend A Free Workshop
  • Home
  • Our Firm
    • About Our Firm
    • Meet Our Team
    • What to Expect When Working with Us
  • Services
    • Estate Planning
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Medicaid Planning & Elder Law
    • Pet Planning
    • Special Needs Planning
    • Trust Administration
    • Young Families Planning
  • Resources
    • Articles
    • Elder Law Reports
    • Elder Law Resources
      • Burlington
      • Montpelier
      • Rutland
      • St. Johnsbury
      • White River Junction
    • Estate And Gift Tax Figures
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Elder Law
        • In-Home Elder Care
        • Medicaid
        • Planning for Long-Term Care
      • Estate Planning
        • Business Succession Planning
        • Estate and Gift Tax
        • Estate Planning for Blended Families
        • Estate Planning for Parents
        • FAQs for Families Without an Estate Plan
        • LGBTQ Estate Planning
        • Taxes on Inheritances in Vermont
      • Incapacity Planning
      • IRA & Retirement Planning
      • Gift, Estate, and Inheritance Taxes
      • Legacy Wealth Planning
      • Philanthropy and Estate Planning
      • Pet Planning
      • Revocable Living Trust
      • Special Needs Planning
      • Trust Administration
      • Trusts
      • Wills
    • Is Your Estate Plan Outdated?
    • Medicaid Resources
      • Medicaid Analysis Worksheet
      • Medicaid Guide
      • Vermont Medicaid
    • Newsletters
    • Presentations
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
    • SECURE Act
    • Top Estate Planning Techniques
  • Webinars/Seminars
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact
Home » Who Inherits Assets When There Is No Will?

Who Inherits Assets When There Is No Will?

January 20, 2021 by Wendy S. Hillmuth

intestacyIf you were to die without any estate planning documents at all, the condition of intestacy would exist. In this post, we will explain the way that intestate estates are handled. When you learn all the facts, you will see why you should take action to prevent intestacy.

Probate

The probate court will provide supervision during intestate estate administration. It should be noted that a will would also go through probate, but this is a subject we will cover in another post.

Someone has to handle the estate administration tasks, so the court will appoint a personal representative or executor to act as the administrator. This will typically be the closest living relative that is fully capable and willing to assume the role.

During probate, the assets that comprise the estate will be identified and inventoried by the executor, and they will be prepared for distribution. The representative will pay final debts, and ultimately, the assets will be distributed and the estate will be closed by the court.

Intestate Succession

There is an intestate succession statute that is used by the court to determine how the assets will be distributed. Each state has its own rules, but the information we will provide here is for the state of Vermont.

We have a 120 hour rule in our state. If you are in line for an inheritance under the succession laws, you would have to live for at least 120 hours longer than the person that was leaving the intestate estate.

If there are surviving children but no spouse, the children would inherit the entire intestate estate. This would include adopted children and unborn children that were conceived before the parent’s death. Conversely, if there is a spouse but no descendants, the spouse would inherit everything.

The surviving spouse would be the sole inheritor if the only descendants are from the decedent and the survivor. When there is a surviving spouse that is not the parent of descendants of the deceased spouse, the assets would be evenly divided.

Parents would be the inheritors if there is no spouse and no descendants, and the siblings would be at the top of the list if there is no surviving spouse, parent, or descendant.

This would cover the vast majority of situations that can arise, but the laws extend beyond these relationships if necessary. In rare cases, there will be no living relatives at all. Under these circumstance, the state would ultimately assume ownership of the assets under escheat provisions.

Probate-Free Transfers

The intestate succession laws apply to asset transfers that pass through probate, but there are some types of transfers that are not subject to this process.

When you establish an account at a bank or brokerage, you can name a beneficiary. This is called a payable on death or transfer on death account. After your passing, the beneficiary would present the death certificate and the institution would release the funds without any court involvement.

The same thing is true for life insurance proceeds and property that is held in joint tenancy. The term “joint tenancy” describes the condition of joint ownership of real property.

Probate is time-consuming and there are costs involved that can consume a noticeable portion of an estate. It is a public proceeding, so there is a loss of privacy, and this is another negative.

People sometimes take steps to proactively avoid probate. The most widely utilized solution is the revocable living trust. Assets in the trust would be distributed to the beneficiaries, and probate would not be a factor.

Access Our Free Worksheet

We have developed an estate planning worksheet that you can use to gain a more thorough understanding of the process. It is free, and you can visit our worksheet page to get your copy.

Schedule a Consultation!

Our attorneys are ready to spring into action if you would like to take the right steps to avoid intestacy. The optimal approach will depend upon the circumstances, and we will work with you to devise a plan that is ideal for you and your family.

You can send us a message through our contact page to request a consultation appointment, and we can be reached by phone at 802-879-7133.

  • Author
  • Recent Posts
Wendy S. Hillmuth
Latest posts by Wendy S. Hillmuth (see all)
  • What You Need to Know about Elder Abuse - December 19, 2022
  • Do I Need an Estate Plan If I’m Single Without Children? - October 11, 2022
  • Trust Creation Mistakes to Avoid - September 22, 2022

Filed Under: Uncategorized Tagged With: Estate Planning, Intestacy, intestate succession

Other Articles You May Find Useful

Essex Junction elder law attorneys
What You Need to Know about Elder Abuse
Essex Junction Medicaid planning attorneys
How to Apply for Senior Medicaid in Vermont
Planning for the “Silver Tsunami”
Discharge of Indebtedness Income and Student Loan Forgiveness
More than Just Salad Dressing: The Ongoing Saga of Newman’s Own Foundation
Essex Junction Medicaid planning attorneys
Does My 401(k) Account Count for Medicaid Eligibility?

Primary Sidebar

Elder Law and Medicaid Planning Attorneys

Unsworth LaPlante, PLC

DOWNLOAD OUR FREE ESTATE PLANNING WORKSHEET

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Blog Subscription

Sign up to Unsworth LaPlante's estate planning blog to receive all the latest news and updates.

  • This field is for validation purposes and should be left unchanged.

Essex Junction, VT

26 Railroad Ave
Essex Junction, VT 05452
United States (US)
Phone: (802) 879-7133
Fax: (802) 879-0408

Map

unsworth_sidbr_map

Office Hours

Monday8:00 AM - 4:00 PM
Tuesday8:00 AM - 4:00 PM
Wednesday8:00 AM - 4:00 PM
Thursday8:00 AM - 4:00 PM

Footer

footer-logo
  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

The information on this Vermont Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

American Academy of Estate Planning Attorneys, Inc. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

© 2023 American Academy of Estate Planning Attorneys, Inc.