What happens when there is no widow or issue in intestacy?

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!

When there is no widow or issue in the case of intestacy, the law typically provides a clear hierarchy of inheritance. In this scenario, the estate is transferred to the deceased person's parents as the next closest relatives. This is based on the principle that immediate family members should inherit first, and since there are no surviving spouse or children, the parents become the primary heirs.

The distribution can depend on specific state laws or statutes, but universally across many jurisdictions including New Brunswick, the parents are recognized as the next in line for inheritance. Understanding this rule helps clarify the inheritance structure and the intent behind intestacy laws, which aim to favor close family relationships before considering more distant relatives or the state.

Other options may suggest transferring the estate to siblings, distant relatives, or the state, but these situations occur under different circumstances or when immediate family members are not available to inherit. Thus, the presence of parents as heirs is a foundational aspect of intestate succession laws.

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