While planning your estate, one crucial step you cannot ignore or take with levity is your will. The simple truth is that no one likes to think about their death. But whether you are comfortable with the sad reality or not, you will pass on one day. And your last Will will legally represent you and your interest when you do. Therefore, it is now important that as you have your family and properties, efforts should be made to make your own will.
However, if, unfortunately, you die without drafting your will, this could cause many problems, especially regarding how your estate is to be divided. For example, the court could take control of your assets, and they may end up giving them out to entities that are less deserving of them. Not leaving a will behind before you die can also cause problems in the family. The problem is that some of these issues can take a long time to resolve. On average, it could take months – and in the worst-case scenario, years. Hence, in this article, we will discuss what will happen to your estate if you die without leaving any will behind.
What Is The Intestate Law Of Succession, And What Does It Do?
You are probably wondering, “what are the legal implications of not leaving a will behind before I pass on?”. Well then, you are in the right section, as that is what we will answer here.
For people who die without a will, an interstate law handles the distribution of your estate, particularly in the US. In legal terms, “intestate or Intestacy” refers to a person dying without leaving a will behind. As a property owner, if you die without a will, the court would first freeze your property so that no one can lay claim to them. After this, the court will thoroughly check your estate to determine if the assets are truly yours. After the vetting period, if they find that the estates are yours, the court will apply intestacy succession laws to your estate. This Intestate succession law will determine who will get a share of your property.
Usually, when the intestacy law has been applied, the benefactors are the family members (provided you are married and you have children before you pass on), which will include the children, surviving parents, surviving spouses, and sometimes, distant relatives. If, however, you are not married before you die, and none of your relatives come forward to claim their share in the property, then the entire estate goes to the state. Let us break it down for easy understanding.
What Happens To your Estate if You Die Without a Will and You Are Not Legally Married?
Assuming that you are single at the time of your death but have children, your entire estate will be divided equally among all your surviving children. But if unfortunately, all your children have died before you, they have their own surviving children. Then, your estate will go to your grandchildren. Another scenario is if you die single and childless, then your parents would be the ones to own your estates. But what now happens if your parents are no more alive? Well, then the law of interstate will divide the estate equally among your siblings… Including half-siblings.
However, if there are no surviving parents or siblings, the estate will be shared equally among your nieces and nephews. And if the last two I mentioned are unavailable, half of the estate will go to your cousins on your mother’s side. While the last half will go to cousins from your father’s side.
What Happens to Your Estate if You Are Married, But You Then Die Without a Will?
This type of scenario can be complicated sometimes. Several factors usually cause this complication. For example, the state intestacy law of where your property is located, how your assets are titled, etc. Some of these factors will determine who gets a share of your property. For example, in some states, as long as you are legally married. The estate will go directly to your surviving partner. In another state, if you remarried but already have children with your former spouse. Your surviving spouse may be given half of your property, while the remaining half will go to the surviving children you had with your former partner.
In other separate property states, your surviving spouse can be given just a quarter (⅓ ) or half (½) of the property you left behind, while the remaining property will be shared among your parents and siblings.
What Happens to Your Estate if You Die Without a Will and Are in a Domestic Partnership?
When you are in a domestic partnership with someone before you die, the domestic partner will inherit the estate. Goes without saying that this type of scenario is also very complicated because only some states recognize domestic partners. Some states that recognize this partnership include Hawaii, Nevada, Washington, Connecticut, etc. If you live in any of these states and have your properties there before you pass on, then interstate law will find ways to deal with it.
Contact An Attorney Today To Get Your Will Drafted
From everything we have since talked about, one thing that we can all agree with is that the process involved in this Intestacy law of succession is very complicated and time-consuming. And that is enough reason why it is advisable to plan your will before you pass on to avoid situations like this. And to make the process easier for you, you need to speak with a local estate planning attorney today!
