
When you write a will, you are leaving behind instructions for what you want to happen to your assets when you pass away. Much of your property will still have to go through probate, but the desired end result is clear. If you have no will when you pass away, that presents a problem. The probate court has to figure out what to do with your assets, and it may not be in line with what you would have wanted. Our Washtenaw County probate attorneys can tell you more.
What Happens to My Property If There is No Will?
Normally, the probate court would get your will and be able to understand what you want to do with your assets. An executor has been assigned and heirs are reached out to. It can take a bit of time, but eventually everything goes to your intended beneficiaries.
When there is no will, the court has to decide what happens to your estate and property. It will choose an executor, usually a surviving spouse or child, and begin dividing up the property. The goal is to get your assets to your closest family members.
So if you have a surviving spouse and no children, your spouse would get everything. If you have children and no spouse, your children get everything. If you have a surviving spouse and other relatives, your spouse has to receive a share. In many cases, this means that your surviving children and spouse will end up splitting the estate. However, you could also end up in a situation where your spouse gets their share and a surviving parent or sibling gets everything else.
What If I Have No Will, No Spouse, and No Children?
If you have no spouse or children, the court will try to find the next closest surviving family member. Your parents would be next on the list, followed by your siblings. Then more distant relatives, like cousins, grandparents, or uncles and aunts, can be considered.
What If I Want to Donate Assets to Charity?
If there are any charitable causes that you like to support, you may want to continue to support them even after you pass away. This could mean leaving money directly to an organization or two, or you could set up a charitable trust that would keep on giving after you are gone.
Unfortunately, if you have no will at the time that you pass away, the probate court is going to have no idea about your generous plans. They are going to follow state intestacy laws and that doesn’t involve charitable giving. You need a plan in place if you want to support any charitable causes.
Schedule Your Consultation
So if you want to pass down your assets on your own terms, contact Collis, Griffor & Hendra. A lawyer from our firm can help you write a will and develop a comprehensive estate plan. Don’t delay, schedule a consultation today.