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When someone dies without a will, he or she
dies ‘intestate’. In each state, the law has
arrangements for this which detail who gets
what from the deceased’s estate and how this
process is to be administered. To do
this, an executor (sometimes called an
administrator) will be appointed to dispose of
the estate.
The most obvious problem with this situation
is that you have no say whatsoever; you don’t
get to choose who gets what, you don’t get to
make a unique statement to those you love and
care about and you don’t get any say over who
administers your estate.
Furthermore, each state has slightly
different rules about how your estate should be
administered if you die without a will and this
is a problem if you have assets in different
states.
In each state, however, the law’s formula
for distributing your assets has a clear
hierarchy starting with the immediate family;
surviving spouse and/or children, followed by
the nearest living relatives and then, if there
are none, the government. It may leave
out friends or other loved ones you care about,
and may be completely contrary to what you
want.
Dying intestate often leaves families
confused and can lead to unnecessary conflict
at a very emotional and vulnerable time
for all concerned. Your loved ones will
be left second-guessing each other about your
intentions and each may have very different
ideas about what they think you wanted and what
they feel they each deserve.
The whole process is more time consuming and
expensive than if you had left them a valid
will.
Even though the law provides a list of
beneficiaries, that will not avoid any of these
pitfalls. Only you can do that by writing a
valid will that clearly states your
intentions.
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