Dying Without a Will

No one wants to give thought to what happens after they die. That is typically a taboo subject and it usually brings a conversation down. However, it is likely true that you have property or certain assets that you would like to give specifically to others should you pass away before they do. Especially if you are married, you may think that a court will give your stuff to your spouse and they can make those decisions on your behalf. While a court will take your marriage into consideration, this does not mean the process will be easy on your spouse or that everything goes to them. A good wills and trusts lawyer, like a wills and trusts lawyer in Sacramento, CA, will want you to consider what could happen to your assets and property should you die without a will. If you are interested in creating a will, please contact a lawyer to begin assisting you today. 

Dying Intestate

What does it mean to die without a will? This is also known as “dying intestate” and it means that the laws of your specific state will determine how your items are distributed after you die. This can become even more confusing if you owned property outside of your own state, as the intestacy laws of the other state will determine what happens to your property. 

You Have No Will and You Are Single

Typically, if you have no heirs and you were not married, your parents will be next in line to receive your property and assets. If your parents are not alive, the same applies for dividing property between any remaining siblings. Further, if you have no siblings, then your property is divided to relatives on both of your parents’ sides. This is why it is so important to have a will even if you are not married. You may think there is no value in creating a will. However, if you have friends you are close with or specific family members you would prefer to get your items over others, it is important that you create a will so you can specify where your items go. If you don’t, a random cousin you never cared for may get your property. 

You Have No Will and You Are Married

If you have no will but are married, everything will depend on whether your property was community or marital property. Typically, if your spouse is alive after you are, they will get your estate, though it may take longer and be more expensive in the long run without a will. Instead, it is easier on your spouse if you outline specifically what you want them to get when you pass away if you have property separate from them. If you do have separate property, it may be split between your spouse, parents, and siblings. 

There are reasons you should be worried when it comes to dying without a will. You may think it is something the local court can take care of, but this may end up costing your loved ones when it comes to missing out on items or property you would have wanted them to have. To see how an attorney can help you with your will, please contact one today.



Thanks to Yee Law Group, PC for their insight into dying without a will.