I'm not entirely sure what you mean by the legal state. It depends on the estate in question, how it was set up, and what provisions were made by the person in their lifetime.
So for example:
Did this person have an executor of his or her estate. An executor (often a lawyer, or firm of executors) when appointed, acts as the final word on this estate.
Lets say Mrs Smith dies leaving two adult children behind, and was divorced in her lifetime.
Perhaps her former husband wants to make a claim on her estate after her death, he will have to go through her executors ( In some cases this can be a family member, for example an adult child)
On her death all insurances, investments and income will be managed by the executor. Who will then pay any debtors who may a claim on the estate, within a limited period, normally within a year. The estate is published in the newspaper with the executors contact details and any claims thereafter must be made to the executors.
When all is finalised, and the executors have extracted their percentage for carrying out this work, they will then give the remainder of the funds to the heirs, according to the will which they themselves hold.
So lets say Mrs Smith had allocated her estate equally to her two children, they would both receive 50% of the estate remaining.The ex husband not mentioned as an inheritor, would have no claim.
However to get around this costly and lengthy process and to avoid death duty, the family may set up a simple trust so that the property does not belong to Mrs Smith but is in the name of her two children. They are the legal owners, so that on her death nothing changes hands, and no death duty is levied on properties.
So you need to establish who wrapped up this estate.
So for example:
Did this person have an executor of his or her estate. An executor (often a lawyer, or firm of executors) when appointed, acts as the final word on this estate.
Lets say Mrs Smith dies leaving two adult children behind, and was divorced in her lifetime.
Perhaps her former husband wants to make a claim on her estate after her death, he will have to go through her executors ( In some cases this can be a family member, for example an adult child)
On her death all insurances, investments and income will be managed by the executor. Who will then pay any debtors who may a claim on the estate, within a limited period, normally within a year. The estate is published in the newspaper with the executors contact details and any claims thereafter must be made to the executors.
When all is finalised, and the executors have extracted their percentage for carrying out this work, they will then give the remainder of the funds to the heirs, according to the will which they themselves hold.
So lets say Mrs Smith had allocated her estate equally to her two children, they would both receive 50% of the estate remaining.The ex husband not mentioned as an inheritor, would have no claim.
However to get around this costly and lengthy process and to avoid death duty, the family may set up a simple trust so that the property does not belong to Mrs Smith but is in the name of her two children. They are the legal owners, so that on her death nothing changes hands, and no death duty is levied on properties.
So you need to establish who wrapped up this estate.