Intestacy and Property:
Intestacy. That means that you have no will. The transfer of property by intestacy means that when you die your property goes according to the way the state wants to transfer it. When that happens you have no choice. Of course you’re dead at that point. But you have no choice to determine who receives your property. And, in fact, surprisingly when you die and you have no will and you have children your spouse doesn’t inherit everything. In fact your spouse only inherits a portion and your children inherit the rest. I’m sure this is not what your intention is. One of the reasons that intestacy exists is to make sure that there is an orderly transfer of property even though it’s determined by the state. My suggestion would be, clearly in this type of situation, you should have a will in order to make sure that your property goes where you want it to go.