Tuesday, May 20, 2014

Why You Need A Will

 What happens when someone dies without a will? When someone dies without a will they are said to have died "intestate". If this is the situation occurs, the next of kin is contacted. This could mean that money or property is given to a person that the deceased had not intended, and it can cause a great deal of conflict.

 If there are multiple spouses or children from different marriages, a legal dispute will often occur without a will. Usually the surviving spouse will be an executor, even though there is technically no will to execute. When no surviving spouses or children are found, the next living relative is contacted. Providing there are no surviving relatives, the remaining assets and property will be given to the state.

 Every state has guidelines about who inherits anything when there is no will. If there is a record of negative behavior toward the deceased, the state will block that person from inheriting anything. A surviving spouse can sometimes qualify as someone who just filed for divorce, depending on the judge. Stepchildren are not always protected in scenarios where a will is absent, because the courts may not consider them surviving children.

Creating a will is actually a simple process when assisted by an experienced estate lawyer. Making your wishes clear in the beginning helps avoid major problems in the future.

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