What Happens if I Die without a Will?

A Last Will & Testament (commonly referred to as simply a Will) is a document that gives instructions to help dispose of your property at the time of your death. If an individual dies without a Will there are certain consequences that may occur, this information article provides you with information and reference material, to help sort through the Estate Planning process, and how to avoid the difficulties that your loved ones may face if you leave them without a will at your time of death.

(PRWEB) April 17, 2009 -- What happens if Someone Dies without a Will?

A Last Will & Testament (commonly referred to as simply a Will) is a document that gives instructions to help dispose of your property at the time of your death.

A common misconception is that Wills and proper Estate Planning are only necessary for the wealthy. This is not true. Whether your estate is large or small, it is beneficial to have a properly drawn Will. Not having the Will properly drafted and executed can cause delays, great expense and possibly force the Will to be interpreted through the courts.

If an individual dies without a Will there are certain consequences that may occur. Consider the following:

-One cannot name a guardian for you minor children except through a Will. If both you and your spouse die without a Will, the courts or a social worker will have the temporary & final decision as to who should act as guardian for your minor children, not you or your family.

-Without a Will naming an Executor, the court will appoint an Administrator for your estate who may not know your intentions.

-After the administrator of your estate has distributed your assets in accordance with state law, your spouse may not have enough funds to live comfortably.

-Without a Will , personal items such as a family heirloom, specific jewelry, artwork, etc. cannot be left to a particular individual such as a nephew, cousin, or family friend.

At Barron & Posternock, our lawyers have a long history of assisting our clients in creating personalized estate planning documents that reflect their needs and their wishes. We offer a free initial consultation by telephone.

Estate planning is highly personalized, and may involve a number a number of legal documents, including:

A Will, is the document that directs the final distribution of your assets after death. Parents with minor children may use wills to designate the legal guardian of their child in the event that both parents are deceased.

A Trust, which is a means of holding assets so that the trust survives the death of the maker, thereby avoiding probate. In larger estates, revocable trusts are a major tool used to reduce or eliminate estate taxes.

A Living Will (also called an Advanced Heath Care Directive), which informs any medical care givers that you do not want artificial, life-prolonging techniques or procedures such as feeding tubes, if you are in a terminal condition without hope of recovery.

Health Care Power of Attorney (also called a Health Care Surrogate), which allows you to designate a trusted family member to make medical decisions on your behalf if you become incapacitated.

Financial Power of Attorney, which allows you to designate a trusted person to handle your financial affairs if you are not able to do so yourself.

Probate Services
If you are named as executor of a will or as administrator of a estate for a person who dies without a will, our law firm can help you obtain with court authorization to locate and gather the estate assets and liabilities, review and negotiate payment of creditor's claims and assist in distributing assets to heirs.

A minor mistake in drafting and executing your estate plan may invalidate your good intentions & your lifetime of hard work & savings. A little advanced planning can help to ensure that your family's goals are accomplished. Please contact us today at 856-642-6445.

The information included in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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