When a person dies without a will, state intestate laws determine how the individual’s belongings will be distributed. Instead of going directly to a spouse or children, the estate of that individual will go to the probate court, and the judge will determine who inherits it. This includes bank accounts, property, real estate, and more. Of course, this underscores the importance of having a will.
Judges try to make fair decisions regarding the estate of an individual who has died without a will. Their decisions are based on how the average person would have created a will before death. However, this does not mean that it would be anywhere close to what the deceased individual would have wanted. For example, while the majority of people may want their estate to go to their children, others may want their estate to be passed on to charities.
Intestate laws don’t consider family dynamics. Consider the example of a single individual who dies. The judge may decide that the estate should go to the parents. However, it may be that just the mother raised the person who died. In that case, it would not seem fair that she would only receive half of the assets.
By drafting your will, you can determine the recipients of your assets, property, and real estate. You can also appoint a personal representative to manage your estate and designate a guardian for any underage children.
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