It is no secret that people’s lifespan is limited and eventually, any of us is supposed to pass away. In the course of life, people either buy a property or have some savings in their bank accounts, which in the event of death should be dealt with appropriately.

We are going to give you a brief overview of the US inheritance law so that you know what to expect and what to get ready for.

If you are married in a Community Property state

In US law, there is a term ‘Community Property’ that defines a property that was acquired while the couple was married.

Not all the states in the US are community property ones, but these are:

• Arizona
• Nevada
• Idaho
• Texas
• Washington
• Wisconsin
• California
• New Mexico
• Alaska

Community Property refers to the overall income that people receive from being employed and property that a couple bought while being married (with the use of work income).

In most cases, US law says that a spouse should receive half of everything that a couple has acquired during their marriage. But of course, there are some circumstances that need to be taken into consideration like a living will or prenuptial agreement that can regulate the amount of property inherited.

So, if you do not wish your relatives to fight over the property you own, it is better to contact an attorney who will be able to draw up a contract with every tiny detail.

If you are married in a Common Law state

In these states, the situation is quite the opposite of Community Property because a spouse does not automatically inherit half of all property gained together. The part that goes to the surviving spouse is defined by the document that states who the owner of the assets and property is, or who paid for the property and is allocated accordingly. Please note that the name of the person owning the property must be written on the title of the property.

What children inherit from parents

According to legal procedures in most states in the US, children are sure to inherit their parent’s property unless a parent’s wish was to leave the child of the will on purpose. If there is more than one child in a family, property, and assets will be equally divided among all the siblings.

What grandchildren can inherit

In fact, there is no law stating that grandchildren are protected to inherit from grandparents. However, if there is a will from the deceased person that documents a grandchild’s right to inherit part of the assets or, on the contrary, a desire not to distribute anything among grandchildren, the judge will look at the situation from a different angle.