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  • noun

Words related to intestacy

the situation of being or dying without a legally valid will

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Subjects could have responded on the basis of their sense of who represents an appropriate (or inappropriate) heir--in other words, they might have allocated a similar amount of intestate property to a life partner who took nothing under a will substitute as to one who comprised a beneficiary--a possibility that the study failed to test.
If the homestead is not devised as permitted by law and the Constitution, it descends in the manner as intestate property. F.S.
(103) The second part describes distribution of the "part not distributable to the surviving spouse, or the entire intestate property, if there is no surviving spouse" and states that the property goes "to the decedent's children, or their descendants, in equal parts; ...
Perry could then try to argue that the second part of Section 474.010 supports a claim for intestate succession to posthumously conceived children, because it gives intestate property to the "decedent's children," with no specification that those children be "surviving." (130) Whether a Missouri court would accept such a claim would probably depend on whether the court focused on the legislature's intent, the public policy of efficient distribution, or the rights of posthumously conceived children.