Dear Harry,
I’m a divorced single mom with three daughters. The older two are married and stay individually from me. The youngest is below 18 and lives with each myself and her father (my ex-husband). I presently don’t but have a will. If I died, would any of my property go to my ex-husband as he’s additionally a authorized guardian of our youngest daughter?
Dear reader,
No, your ex-husband wouldn’t get your property, however he would be capable of management your youngest daughter’s share of your property. If you had been to die and not using a will, your probate property would cross below the legal guidelines of “intestacy.” These are the legal guidelines the state has in place to direct the distribution of a decedent’s property within the absence of a will.
While I don’t know what state you’re in and so can’t examine your state’s guidelines, all such legal guidelines direct property to the closest kin of the deceased. In your case, this implies your daughters. Your ex-husband is not a relative and will get no profit below the intestacy legal guidelines of any state.
That stated, your ex-husband would take management of your youngest daughter’s one-third share of your property to handle on her behalf till she reaches the age of majority. That is age 18 in most states, however 19 in Alabama, Colorado, Maryland, or Nebraska, and 21 within the District of Columbia, Indiana, Mississippi, and New York. If you don’t need this to occur, you’ll be able to execute a will that appoints a person you select to function trustee to your youngest daughter’s share of your property till she reaches your state’s age of majority, or an older age when you desire.
Source web site: www.marketwatch.com