Dying Without a Will: A Short Guide! While many people believe that a will is only for the rich, a properly written legal will is the basics of any estate plan for anyone who owns property. That includes just about everyone who have any property. It is the primary means of transferring your assets upon death and instructs the executor how to go about their duties when you are no longer present to guide them. But what happens to those assets if you or any loved one dies without a will? It’s easy to put off drafting a will until later in life, but the reality is that having a detailed estate plan will help you in the long-term. Dying without a will can cause serious complications during the probate process, and can require months to sort out before your descendants receive the assets you have left for them; even then, because intestacy is guided by the court, the results may ultimately not be what you would have wanted.
Who Gets What When There Is No Will? Unluckily, it is incredibly difficult to determine who exactly will receive what when a person dies without leaving any will. This is because intestacy during probate generally awards heirs and beneficiaries according to Law. The determination of who will take the property upon your death is primarily based upon whether you are married or not when die, whether the property is community property or separate property and whether you have your children or not. An experienced probate attorney can help you determine who-inherits-what in any specific scenario.
Contact an Experienced Probate lawyer Houston When someone dies without a will, the division of property and assets are at the whim of Texas’s laws which can be complicated and sometimes difficult to sort out. These laws exist to ensure that all items that would otherwise be divided at the direction of a valid will are distributed according to the proximity of their relationship to the deceased—even if it is against the wishes of the deceased to see certain members of their family receive an inheritance or part of their estate. Because of this, it is critical to draft a will in order to have your last wishes be legally recognized and honored, regardless of how old or healthy you may be. For more information about creating a will, or to discuss estate planning with an experienced probate attorney, contact wills attorneys Houston TX today to schedule a free consultation.