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What Happens if You Die Without a Will?

by | May 23, 2015

Most people know they need a will. And many of them fully intend on writing a will … someday. But life is busy and the will keeps getting put off. Eventually, someday becomes never. In fact, nearly half of American adults will die without a will in place. So, what happens if you die without one?

The Legislature Writes Your Will

Your state’s legislature has passed laws that dictate who will get the property of someone who dies without a valid will. These are called the laws of “intestate succession.” (“Testament” is simply another name for a will. If you die without a will, you are said to have died “intestate”—that is, without a testament.)

The laws of intestate succession generally give your property to your heirs at law – your nearest family members. If you leave a spouse and children (or grandchildren), your property will usually be divided among them. If you die without children, some of your property will probably be given to your parents, siblings, nieces, or nephews.

Different states use different percentages for dividing the property. If you don’t leave any close family members, your property may be divided among more extended family, such as grandparents, aunts, uncles, and cousins.

In the rare situation where you don’t have any close-enough blood relatives alive when you die, the state government gets to have your property.

Without a will, you also have no control over what happens to your family heirlooms or other special items. In a will, for example, you can leave your wedding ring to your daughter, or your coin collection to your brother. But without a will, all those special things may end up being sold so that the money can be divided among your heirs.

A Judge Chooses the Guardian for Your Children

If you have young children, maybe the most important part of your will is naming someone to be their guardian, in case both you and your children’s other parent die.

It always takes a court order to appoint a guardian. But the judge will appoint the person you name in your will, unless there are serious reasons not to (for example, if the person has been convicted of child abuse). If you die without a will, however, and haven’t named a guardian, the judge will have to choose someone without your input.

As careful and caring as the judge may be, he or she doesn’t know your children or what you would decide for them. The judge may make a decision that you would never make yourself. And if a guardian has to be named, he or she will become the most important person in your children’s lives, helping them overcome the tragedy of losing their parents and influencing them to go on to lead happy, productive lives. Do you really want to leave that decision up to a complete stranger?

With help from a Personal Family Lawyer, writing a will can be easier than you may think. As your Personal Family Lawyer®, we will help you make the very best financial and legal decisions throughout your life, and for the beyond. Far from being a morbid task, estate planning can give your young family the peace of mind, confidence, and security you desire when it comes to the future wellbeing of all members of your family.

This article is a service of The Solution Law Firm, P.A. We don’t just draft documents, we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Legacy Planning Session, during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

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