When a person dies without
having left a will, and he or she is survived
by a spouse and children, the property will be
divided in percentages, according to state law,
between the spouse and children. If there are
no children, the estate could be divided between
the spouse and the family of the decedent.
If a husband and
wife both die and are survived by minor children,
the Probate Court will decide who will be
the guardians of the minor children and who
will control the property and money they are
to inherit
If a husband and
wife, who have no children, are killed in
an accident, and one spouse survives the other
by a week or two, without a will it is possible
that the entire estate would pass to the family
of the spouse who survived the longest.
There will be no
provisions for Live-In Partners or Significant
Others.
CONSIDERATIONS WHEN
PREPARING A WILL
Have you made adequate provisions
for:
Your spouse
Your minor children
Your adult children
Your children with
special needs
Should you make provisions for:
Your children's interests
if your wife should remarry
Children from previous
marriages
Grandchildren
Live-in Partners or
Significant Others
Parents or siblings
Who are the Parties to be named
in the Will:
EXECUTOR - The one
selected to administer the Estate, collect
all of the assets, discharge all of the debts,
pay the individual legacies and distribute
the balance to the named beneficiaries.
GUARDIAN - The person
charged with the responsibility for the care
of your minor children.
TRUSTEE - The one
you select to manage the assets of the Estate
after all of the obligations have been paid
and who will be responsible for distributing
them to your heirs in accordance with the
schedule set forth in the Will
LEGATEE - Those named
to inherit a specific piece of real estate,
property or sum of money.
RESIDUARY HEIR - The
person or persons designated to share in the
balance of the Estate property after all of
the obligations have been paid, legatees satisfied,
and the Executor's final account has been
approved by the Probate Court
Law Offices of
Leonard P. Shapiro, PA
161 Kinsley St.
PO Box 3581
Nashua, NH
03061-3581
Tel: (603) 883-0920
Fax: (603) 881-3343
