What Happens if You Die Without a Will?

Many adults think about getting a Will, but few choose to prepare a Will until an event forces them to act: the unexpected death of a family member, the birth of a child, the establishment of a new business, or a first vacation without your children.  What happens if you never act?  What happens if you die without a Will?

WITH MINOR CHILDREN

If you pass without a Will, you have not named the Guardian who will care for your minor children until their eighteenth birthday.  It will be up to your remaining family members and/or friends to request guardianship from the Court.  Anyone can come forward to request to be named the Guardian of your minor children.  Without a Will stating who you wish to fill this role, the Court will hold a hearing where your family and friends will try to convince the Judge why they would be the best Guardian for your children.  The Judge then decides who will provide care for your children based on what he or she deems to be your children’s best interest.  The Guardian the Judge approves may be very different from the individual or family you hoped would care for your children, but without a Will, the Court will make the ultimate choice.  With a Will in place, the Judge will follow your wishes as to your children’s Guardian, unless there is a very good reason this person should not be chosen.

TO PROPERTY

In Indiana, laws are in place that determine how your property will be distributed without a will.  These laws of "intestate succession" may be a surprise to many individuals.  For example, if a married person with children dies without a will, the surviving spouse will only receive one-half of the deceased spouse's property, with the other half passing to the children.  If the surviving spouse is a second or subsequent spouse and the deceased spouse has children from the first marriage, the surviving spouse will receive even less.  If you aren’t married and have no children, your property would go to your parents and siblings equally or, if your parents and siblings have passed, then your estate would be divided between your nieces and nephews.  If you have no living nieces and nephews, then your estate would go to the state of Indiana.  I have not yet met a client that hopes the state of Indiana will receive all of their property when they pass.

To ensure your desires are followed if you unexpectedly pass away, a Will is necessary to name a Guardian for your minor children and to distribute your property as you so choose.  Please contact me to prepare a plan for your family’s future and give you the peace of mind that comes with knowing your wishes will be carried out after your passing.  I would love to speak with you about your specific situation and answer any questions you may have about preparing an estate plan.

This blog does not constitute legal advice nor does it establish an attorney client relationship.  This is for general information purposes as in most legal situations the facts and terms of an agreement between the parties can affect the results.