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What Happens If You Die Without a Will?

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By Fate Kersey
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What happens when you die without a will? Intestate succession laws govern what happens to your estate if you have no will. Intestate succession laws specify who will inherit your property. Survivors, siblings, and friends will inherit your property, but if you have no children, the state will take the property. In rare instances, you can name charities or friends to inherit your estate. You can also choose a name for the executor of your estate.

If you die without a will, your spouse will inherit the majority of your estate. Your spouse will be given one-third of the residue, and your children will inherit the rest. If you have children, their share will be equal. However, if one of the children dies before you die, the estate will go to your children. If you had no children, half of your estate will go to your parents. If no children survive you, the remainder will go to your siblings.

If you die without a will, your assets will be distributed according to state laws. If you have no surviving spouse, the assets from your estate will be split up among your children, siblings, or parents. Your pets will go to your family. You can name multiple beneficiaries and designate a percentage of your estate for each. In some states, surviving children and grandchildren will also receive part of your estate.

Probate is a legal process that oversees the distribution of your estate after your death. It can take months or years, and legal fees are paid out of your estate. Without a will, your assets will be divided between the surviving spouse, children, and other relatives. You’ll leave behind a spouse, children, or other family members who may not be interested in the process. However, you should also name a potential successor in your will.

If you have children, make sure they inherit your assets. The laws in every state vary slightly, but generally, spouses are given first priority. Other loved ones receive second priority over children who don’t have spouses. Your spouse can also name friends and caretakers in your will, if you choose. It’s important to review your will periodically and consult an estate planning attorney for help.

If you’ve been married for a while and are in a relationship with your spouse, you probably have a will. If you’re not married, the intestacy laws can make it difficult for your loved ones. You may be able to create a living trust with beneficiaries to name the beneficiaries of your property. It’s also possible to make joint tenants of your property. But if you’re not married, you may lose your right to live in your home without having a will.

Wills don’t have to be expensive. They’re important documents and are relatively cheap to have professionally prepared. Your family members should always know where to find your original will. Some attorneys have secure safekeeping for this document. For simple wills, you can also use free will websites. Make sure that you sign the will before leaving it to anyone. If you’re unsure about what to include in your will, consult a lawyer.

Children of deceased parents go to their grandparents. If no one names a guardian for the children, a court will appoint someone to take care of them. The court will decide if the person you named is fit to take care of your children. Whether you’ve decided to name guardians for your children or not, a will can make a difference in the outcome of the children.

Unless a will is present, the surviving spouse is entitled to the entire estate. Common descendants include children who were born while you were legally married or adopted. Other descendants of the deceased person are also entitled to inheritances, but they are not considered “common descendants.”

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