If an intestate has no family, to whom does the estate go?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In the case of an intestate individual with no family, the estate will pass to the next of kin of equal degree of consanguinity. In this context, "next of kin" refers to relatives who are next in line under the laws of intestate succession. This typically follows a hierarchy established by law, where siblings may inherit before aunts, uncles, or cousins, depending on the specific rules governing intestacy in New Brunswick.

The reasoning behind this choice is rooted in the principle that relatives, even if they are not immediate family, should have a claim to the estate before more distant connections or parties. The hierarchy of consanguinity ensures that those with the closest blood relationships to the decedent are prioritized in the distribution of the estate.

Other options, such as directing the estate to closest friends or charities, do not align with statutory intestacy laws, which are designed to prioritize familial connections. Similarly, while the government may eventually receive assets under certain circumstances, such as when there are no identifiable heirs, this only occurs after the proper hierarchy has been exhausted. Therefore, B accurately reflects the legal process of distributing an intestate estate in the absence of immediate family.

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