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John dies intestate. Which law decides how his property is transferred at his death?

1) Descent and Distribution
2) The Law of Wills
3) Eminent Domain
4) D. Habendum

User Vicary
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Final answer:

The property of a person who dies intestate is distributed according to state intestacy laws under Descent and Distribution, not through the Law of Wills, which applies when there is a valid will.

Step-by-step explanation:

When John dies intestate, which means without a will and/or trust established, the law that decides how his property is transferred at his death is Descent and Distribution. This area of law is concerned with determining who is entitled to the property of a deceased person when there is no valid will. Every state has its own intestacy laws, which establish a hierarchy of beneficiaries, such as a spouse, children, parents, siblings, etc., that dictates who gets which assets.

In contrast, the Law of Wills would apply if John had left a will directing the distribution of his assets. Eminent Domain is unrelated to this scenario as it deals with the government's right to take private property for public use. The term Habendum typically refers to a clause in a deed or lease that defines the property rights granted and any conditions or limitations.

User Gazz
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