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What Happens If You Don't Have A Will?

Posted by Laura E. Stubberud | Sep 19, 2024 | 0 Comments

If you pass away without a will, your assets will be distributed according to state law, a process called intestacy or intestate succession. Typically, your estate will go to your closest relatives, but this can lead to unexpected outcomes, such as estranged family members inheriting or conflicts among surviving relatives.

For instance, if you have no spouse, children, or parents, your estate might go to your siblings. If one of your siblings has passed away but has children, those children would inherit their parent's share.

Consider this example: Mary has no spouse, children, or parents, but she does have a living sister, Joan, and two brothers, Mark and Sam, who have both passed away. Mark and Sam each had two children. According to intestate succession laws, Mary's estate would be divided among Joan, Mark, and Sam. Mark's children would inherit his share, and Sam's children would inherit his. This means Joan would receive one-third, while Mark's and Sam's children would each split one-third.

While this scenario may seem straightforward, it raises questions about Mary's intentions. She hadn't communicated with Mark and Sam's children in over 20 years. Did she want them to inherit a part of her estate, or did she assume everything would go to Joan, her surviving sibling? Since Mary did not leave a will, her wishes remain unknown, and state law dictated the outcome.

This example illustrates the unintended consequences that can arise from not preparing a will.

About the Author

Laura E. Stubberud

Laura Stubberud has over two decades of experience in the practice of estate and family law in Nevada. After graduation from UCLA, she studied law at Southwestern University School of Law , graduating in 1992. With over 30 years of practice in Clark County, Nevada, Ms. Stubberud has substantial e...

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