What happens if you die and you don’t have a will?
Over the past eight months we have seen our country fight the biggest pandemic in modern history. We’ve seen people adapt to our new way of life in many different ways. We’ve seen people show strength, compassion, and kindness to strangers, friends, and enemies.
We have also seen a lot of death. So far COVID-19 has claimed the lives of hundreds of thousands of Americans, and each loss of life is an event of tragedy in itself. The Coronavirus has taken the lives of young, happy, and vibrant humans with no remorse. It has targeted the immunocompromised, the elderly, and other marginalized communities. Each day the death count seems to climb and many people live with the worry that one day someone they love and care about will become one of those numbers. They live with the worry that one day they themselves may become one of those numbers.
While this worry is just that—a fear that many Americans are living with, it is also a very present threat. No one wants to have to make a plan for what the future will look like without themselves in it, but with a pandemic constantly looming over our heads, it is more important now than ever to make an estate plan.
Vast numbers of people die each year without a legal will in place. When there are family members that will be left behind after a death, they can be stuck for years battling out their loved one’s estate in the courts. A death in the family is traumatizing enough, and it is key that everyone prepares as much as they can for what the process entails when dealing with will planning and estate preparation to take the burden off of their loved ones.
Before speaking with an attorney, many people are not aware of the legal process that a will has to go through in order to stand up in court. A basic slip of paper with your last wishes means nothing to the legal system. It must be done properly to ensure your assets are divided in the way you want. It is best to reach out to an experienced local will planning and estate preparation attorney to get started on the process right away.
If you pass away without a will, the laws of your state of residence will control your estate. The laws of will determine and name the heirs, and pick an executor for your estate. Generally, states will favor spouses, domestic partners, and blood relatives. When it comes to something as important as your legacy, there is no reason to leave everything in the hands of the court. Friends, or non-married significant others will often receive nothing if there is not a will in place.
CNN also reports that if you have minor children and you are to pass away without a will, the courts will appoint a guardian that they see as best fit. The person that you want to take care of your children in the event of your untimely death may not be the same person that the court thinks is best, so it is highly important to have a will if you would like your children to be put under the guardianship of a specific person.
When someone passes away without a will, this is referred to by the courts as “dying intestate.” When this occurs, their estate will have to enter the probate process. Daily Caring, a top website for elder care tips, informs readers that this process is handled by the probate court, where state law is used to dictate who gets what part of an estate. This can result in costly legal fees and sometimes having to wait years in order to see any part of the estate. It is important to have those hard conversations with our loved ones about their estate planning and make sure there is something in place. It may seem awkward or uncomfortable to discuss finances and death with someone you care about but it can help to avoid lots of time, stress, and money in the long run.
If a loved one has passed away without a will, is imperative that you speak with an attorney to discuss your rights. Even without a will, you still have rights if a blood relative or spouse passes away, and an experienced attorney will make sure they are honored.
While planning a will is not something we want to think about, it is important to remember that once you are gone, there is no going back. Once you pass away, a will cannot be made. This is why it is highly recommended to draft a will as soon as possible, especially with COVID-19 remaining present in our daily lives.
