When it comes to drafting a will, many people feel like there’s really no rush. They may think they’re too young to consider what will happen after they’ve passed on, or they may feel like they don’t have any valuable assets to their name. Either way, they figure, there is plenty of time. The truth is, it’s never too early for estate planning. Dying without a will can present many legal problems and leave your loved ones scrambling. Even if you don’t feel you have a lot of valuable assets, you probably have more than you think, and dying intestate will leave you powerless to decide their future.

What Happens When You Die Without a Will

If you pass on without a will, the court will ultimately decide what happens to your estate. Although each state has its own laws that dictate the distribution of assets, they all generally follow the same process. If you die intestate, your assets are frozen and remain that way until the court is finished investigating your estate. After the court representative has finished sorting out your assets, they will make a decision on how best to distribute your possessions. If you are married, then, typically, your spouse will get first priority, with children, grandchildren, parents, and siblings following in turn. Ultimately, though, it is up to the court’s discretion to decide what it feels is best.

Another important consideration when it comes to protecting your family with a will is the question of children. If you have kids and you die intestate, the court will not know your wishes regarding their future welfare. A family member may volunteer to raise your child with the court’s approval, or the court may appoint a guardian of their choosing. Either way, there is no guarantee that your kids will end up living with the person you would pick.

The Importance of Proper Estate Planning

No one likes thinking about their possible death, but estate planning is essential at any age. Imagine suddenly passing on and not having any say in your family’s future. Clearly, this is a scenario that no one would want. And yet, too many people continue to put off drafting a will. The fact is, creating a will is an easy process and can be achieved without difficulty by consulting with an experienced estate planning attorney. A small amount of work now can save your family a lot of trouble later and have you resting easy.


Contact Deliberato Law Center

At the Deliberato Law Center, we have many years of experience helping our clients draw up their will and securing their family’s future. Give us a call at (216) 341-3413 or fill out the form below and start protecting your legacy today.