Estate Planning

Estate Planning involves a combination of various legal instruments, such as Wills, Trusts, Powers of Attorney, and Living Wills, as well as Lifetime Transfers, Gifts, and Beneficiary Designations.

Other Resources

Intestacy Examples

Lower Burrell Estate Planning


Intestacy Examples

The following are examples of what can occur should someone pass intestate.

Surviving Heirs

Example

Spouse and Children

Spouse receives first $30,000 and ½ of balance Children receive other ½ of balance.



John dies leaving behind Mary and their two children Tommy and Sue. His estate is worth $100,000. Mary receives $65,000. Tommy and Sue each receive $17,500.

Children but no Spouse

Children receive everything



John dies leaving his two children Tommy and Sue. His wife Mary passed away two years earlier. His estate is worth $100,000. Tommy and Sue each receive $50,000.

No Children, but Spouse and Parent(s)

Spouse receives first $30,000 and ½ of balance Parent(s) receive other ½ of balance.



John dies leaving his wife Mary and mother Jane. His estate is worth $100,000. Mary receives $65,000 and Jane receives $35,000.

Spouse only; No Parents or Children

Spouse receives entire estate.



John dies leaving wife Mary. His estate is worth $100,000. Mary receives entire amount.


More Examples

Example 1

Mary passes leaving an estate worth $100,000. She was pre-deceased by her husband John and son Tommy. She is survived by her daughter Sue, Sue’s children Jack and Diane, and Tommy’s children Adam and Beth.

Sue receives $50,000.

Adam and Beth stand in for Tommy, each receiving $25,000 thereby splitting Tommy’s share.

Jack and Diane receive nothing.


Example 2

Mary passes leaving an estate worth $100,000. She is predeceased by her son Tommy and daughter Caroline. She is survived by her husband John and daughters Sue, Sue’s children Jack and Diane, Tommy’s children Adam and Beth, and Caroline’s son Fred.

John receives $65,000 (first $30,000 and ½ of the balance).

Mary receives $11,666 (1/3 of the remaining $35,000).

Fred receives $11,666 (standing in for Caroline, he receives her 1/3 of the remaining $35,000).

Adam and Beth each receive $5,833 (standing in for Tommy, each receives ½ of Tommy’s 1/3 of the remaining $35,000).

Jack and Diane receive nothing.

Contact Us

Michael J. Girardi

Attorney-at-Law

Estate Administration

Estate Administration is a process that involves a wide range of duties on behalf of the Executor or Administrator. These responsibilities include collecting, valuing, and protecting the estate’s assets, making payments to creditors and receiving collections from debtors, the payment of various taxes, and the distribution of the assets to the heirs and beneficiaries of the estate.

To learn more about Estate Administration, check out the resources below, or contact us to schedule a free consultation.