What happens when a person dies without a will or trust?
What happens when a person dies without a will or trust?
The last thing you want to think about is what happens to your property when you die. Unfortunately, it's a thought that many of us have had to face at one point or another.
Person’s will
A person's will is the legal document that decides how his or her assets are distributed after death. A trust is a legal device used to manage property before and after death. There are many reasons why people choose not to create either—possibly because they don't want their heirs fighting over the will or don't want to pay for the cost of creating a trust, which can run into hundreds of thousands of dollars.
Court-managed probate process
Another reason might be that they believe that their possessions are separate from their family and friends and therefore don't need to be managed by family members after death. Unfortunately, most states don't allow this type of disassociation with one's property, and the result is a court-managed probate process.
If someone dies without a will or trust in place
Their entire estate passes through probate, which can be costly for the family members left behind who may be forced to hire lawyers and go through a public court process. If a person dies without a will or trust, their property will be distributed according to the state's laws of intestate succession.
This means that:
-If the deceased had a spouse, but no children or other descendants, then the surviving spouse would inherit all of the property.
If you have questions, you can get a free consultation with the Best Estate Planning Lawyers.
Parklin Law - Estate Planning Lawyer
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
