Not legally permitted to make a will, as by reason of being under the age of majority or mentally incompetent.
Understanding intestable
Key takeaways
- Intestable individuals cannot create a valid will.
- This status usually applies to minors or those mentally incapacitated.
- Intestability affects how a person's assets are distributed after death.
In plain English
If someone is intestable, it means they cannot legally create a will. This often happens when a person is too young, like a minor, or if they are not mentally capable of making such decisions. As a result, their assets will be handled according to state laws rather than their personal wishes.
How intestable affects you
Understanding intestability is crucial because it determines how a person's belongings are distributed after they pass away. If someone is intestable, their estate will be divided according to state intestacy laws, which may not reflect their personal wishes. This can lead to disputes among family members and unexpected outcomes regarding the deceased's assets.
The mechanics of intestable
In the U.S., the legal age for making a will is typically 18, and those younger than this are considered intestable. Additionally, individuals deemed mentally incompetent by a court cannot create valid wills. When a person dies intestate (without a will), state laws dictate how their property is distributed, often prioritizing spouses, children, and other close relatives. Each state has its own intestacy statutes that govern these distributions.
Examples
Scenario: Maria, a 16-year-old, wants to leave her belongings to her best friend.
Outcome: Maria cannot create a valid will, so her assets will go to her parents under state law.
Scenario: James, who has been declared mentally incompetent, wishes to write a will.
Outcome: James is intestable, and his estate will be divided according to the state's intestacy rules.
Frequently asked questions
What does it mean to be intestable?
Being intestable means a person is not legally allowed to create a will, often due to age or mental incapacity.
Why is it important to know about intestability?
Knowing about intestability helps understand how a person's assets will be distributed if they cannot make a will.
How does intestability affect estate distribution?
If someone is intestable, their estate is divided according to state laws, which may not align with their wishes.