New York Private Investigator Regulations Practice Exam

Who is considered 'intestate'?

1. A person who dies without a valid will or testament

2. A person who has declared bankruptcy

3. A person with a legally binding contract

4. A person who is legally incompetent

The correct answer is: A person who dies without a valid will or testament

The term 'intestate' specifically refers to an individual who has died without leaving a valid will or testament. In legal terms, this means that the distribution of their estate will be handled according to the laws of intestacy in the jurisdiction where they resided. These laws outline how the deceased's assets will be distributed among their heirs, typically prioritizing spouses, children, and other close relatives. When someone dies intestate, their wishes regarding the disposal of their property and assets are not formally documented, leading to the estate being settled according to statutory provisions rather than personal preferences. This situation can often lead to complications and disputes among potential beneficiaries. In contrast, the other options relate to different legal statuses or situations. Individuals who have declared bankruptcy are dealing with financial insolvency, while those with legally binding contracts are involved in agreements enforceable by law. Lastly, a person deemed legally incompetent is one who is not able to make sound decisions regarding their welfare or property, but this status does not pertain to their estate planning. Each of these terms has distinct legal implications that do not overlap with the definition of intestate.