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Difference between revisions of "When Someone Dies Without a Will"
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When Someone Dies Without a Will (view source)
Revision as of 22:34, 3 March 2019
, 22:34, 3 March 2019→Understand the legal framework
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===The law says how someone’s estate is distributed if they die without a will=== | ===The law says how someone’s estate is distributed if they die without a will=== | ||
If someone dies without a will, the [http://canlii.ca/t/52x69#sec20 law in BC] says how their '''estate''' will be divided. A person’s estate is made up of the property and belongings they own on their death, with some exceptions (as explained in our information on the [ | If someone dies without a will, the [http://canlii.ca/t/52x69#sec20 law in BC] says how their '''estate''' will be divided. A person’s estate is made up of the property and belongings they own on their death, with some exceptions (as explained in our information on the [[Your Duties As Executor (Script 178)|duties of an executor]]). The estate will be divided on an intestacy depending on the mix of relatives the deceased person leaves behind. | ||
If the deceased leaves '''a spouse and no descendants''', the estate goes to their spouse. A “descendant” means a surviving person of the generation nearest to the deceased. This will almost always be children only. For example, grandchildren would get a share of the estate only if their parent (the deceased’s child) died before the deceased. | If the deceased leaves '''a spouse and no descendants''', the estate goes to their spouse. A “descendant” means a surviving person of the generation nearest to the deceased. This will almost always be children only. For example, grandchildren would get a share of the estate only if their parent (the deceased’s child) died before the deceased. | ||
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*Put all money in an estate account and use it to pay the estate's debts, income taxes, legal and accounting expenses, and possibly an administration fee. | *Put all money in an estate account and use it to pay the estate's debts, income taxes, legal and accounting expenses, and possibly an administration fee. | ||
*Pay any money left over to the heirs of the estate. | *Pay any money left over to the heirs of the estate. | ||
*Report to the heirs listing all money received, debts and expenses paid, fees charged, and details of how the estate was distributed. | *Report to the heirs listing all money received, debts and expenses paid, fees charged, and details of how the estate was distributed. | ||
==Get help== | ==Get help== | ||
