What Happens When You Don’t Write A Will?
Writing a will is extremely important – it helps ensure that your wishes for what happens to your property get carried out in the event of your death. It also helps your family and friends get through a very trying and stressful situation more easily. However, many people underestimate the importance of writing a will, leaving their family and friends without direction after their passing. Many people also never actually consider what will happen if they do not write a will before their passing.
If a will is not put into place before someone dies, there are actually laws that govern what happens to their property and their finances. Each state has their own specific laws about what happens when there is no will in place at the time of death. These laws will specify who can serve as the executor and administer the deceased’s estate, as well as who inherits the property and who will care for underage children and pets.
There are a few different ways that the law will choose executors. Sometimes, a probate court will select someone to serve as the executor. The court typically will choose from a list of potential executors that are close to the deceased, usually family members. The deceased’s spouse or partner normally fills this role, although adult children are also sometimes chosen. However, in many cases, someone will be able to step in and act as the executor without the court interfering.
This person will then need to make sure the deceased’s property is handled appropriately according to the law. They will also need to ensure that debts and taxes are paid off as necessary. There are certain laws in each state that also determine who will inherit the property from the deceased. Usually, the property is divided up and split amongst family members. A surviving spouse will typically get a large share of the property, and surviving children also get shares. If the deceased does not have a surviving spouse or children, then it will go to other family members according to the chain put in place by the law. Most states have laws in place to prevent the surviving family members from inheriting property if they were involved in the cause of death.
Property that is passed down through wills usually includes things like houses, commercial property, as well as savings and certain investments. However, some types of property cannot be passed down, including anything held in joint tenancy, as well as IRA or retirement account funds. Additionally, if the deceased left behind underage children, the court will need to decide who will take care of them. Normally, this would be named in the will. In this case, however, a judge will appoint someone to take care of the child. They take into consideration the existing family situation, as well as anything that is known about the deceased parent’s wishes and the children’s wishes, and then make the best decision that they can.
When a will is not put in place before death, it can cause undue stress on the family and friends of the deceased. It is very important for everyone to create a will during their adult life, even if they do not believe that they will be passing away in the near future. You never know what could happen, and although it is stressful, creating a will can give your family the peace of mind they need during a very important and trying time in their lives. Creating a will is not difficult – you can create one on your own online, or you can consult a lawyer for more professional help.
