What Happens if you Die Without a Will or Trust

If you die without a will or trust, your estate will be subject to the state default law, called intestacy. Generally, courts oversee intestate estates and ultimately control things such as asset distribution, appointment of a personal representative and the payment of any debt you may leave.

Who Inherits What?

While each state has their own intestate succession laws, generally assets are divided as follows:

If there is a spouse and no children or parents, a spouse will get everything. If a decedent has no spouse or children, their property will go to their parents, then their siblings, then the children of their siblings. If a decedent has no living relatives, a state government may claim their property. If a decedent has a spouse and children, shares are usually split 50/50 between spouse and children. If an decedent dies with only children, their children usually inherit equal shares of an intestate estate distribution.

Note that stepchildren, friends, unmarried partners and charities generally receive nothing without some type of estate plan in place as intestate succession laws seldomly account for such people.

A Court Will Decide Custody of a Decedent’s Minor Children

If an individual who is the parent of minor children dies without a will or guardianship directive a court will decide who will raise their children. This could lead to costly and damaging custody battles among family members and a decedent’s children possibly going to a family member whom the decedent would not have approved. If is highly urgent for this reason for parents of minor children to create a valid estate plan with guardianship planning.

Higher Legal Costs & More Burdensome

Intestate estates typically incur higher court and attorney fees, greater risk of disputes and litigation, possible need for a bond, (insurance the court may require of an appointed estate administrator) and more paperwork and documentation requirements. This can easily overwhelm a decedent’s heirs.

Assets May Be Frozen or Withheld

When there is no estate plan in place, it can take potentially months to years to resolve an estate. This could cause strained family relations, confusion and delay. It may also result in an immediate lack of access to funds to cover things such as funeral expenses and burial costs.

Missed Strategic Planning Opportunities

A proper estate plan can do things such as establish trusts for children, disabled relatives, or special purposes in addition to minimizing estate taxes and protecting assets from creditors.

Are you interested in getting a Will, Trust and other estate planning in order?  We’re here to help. Quick turnarounds and no surprises.

Contact Biazzo Law today at (703) 297-5777 or alyssa@biazzolaw.com to schedule a consultation today. www.biazzolaw.com 

** Information in this blog should not be considered legal advice, nor does it form an attorney-client relationship

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