You may have heard the term intestate and wondered what it meant. Dying intestate can significantly change how the probate process unfolds and how inheritance issues are handled.
Essentially, dying intestate means passing away without a will or other estate planning documentation. Someone with an estate plan leaves clear instructions, but someone who dies intestate does not.
How is asset distribution handled?
When someone dies intestate, state law determines how their assets will be distributed. The distribution depends on which descendants and direct family members survive them. Portions of the estate may go to their spouse, adult children, grandchildren and other close relatives.
Can this create any problems?
The biggest issue with dying intestate is that all of your assets are subject to state laws, leaving you no control over what happens to them.
For example, you may have wanted to leave most of your assets to one child while disinheriting another. Perhaps you know that one child has greater financial needs, while the other is already financially secure. Without an estate plan, state laws won’t account for these considerations, and your assets will likely be divided equally among your direct heirs.
This lack of control can lead to outcomes that don’t reflect your personal wishes or your family’s unique circumstances.
Why an estate plan matters
Creating an estate plan gives you more control over your assets and allows you to devise a plan tailored to your family’s needs and desires. Beyond asset distribution, an estate plan also gives you the opportunity to address other critical issues, such as future medical decisions and end-of-life care.
Make sure you understand the steps to take to create an estate plan that protects your wishes and your family’s future.
