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Home >> Estate Planning Term: Intestacy

Estate Planning Term: Intestacy

January 3, 2011 by Robert Kulas. Leave a Comment

Intestacy is the legal term for dying without having a valid Will in place. You can die “intestate” for two reasons:

  • You didn’t make a Will while you were alive and had the mental capacity to do so; or
  • You made a Will, but it wasn’t valid. This can happen when your Will is not properly signed or witnessed, or if you made your Will without the legal capacity to do so – for instance, if you didn’t have the mental capacity to understand what you were doing.

How Intestacy Works

So, what happens if you die intestate?

  • The state has special laws, called “intestacy statutes” that determine how your property is distributed. Generally, your property goes to your closest relatives, such as your spouse and children.
  • If you have minor children, and they’re left without a living parent, then a judge decides who will serve as your children’s guardian. The guardian takes care of your children and manages their finances for them until they reach legal adulthood. Generally, one or more family members will ask to be named guardian, and it’s the judge’s job to determine who is most fit for the job.

Reasons to Avoid Intestacy

For anyone who has more than the simplest of situations, estate planning is essential. Here are just a few examples of why dying intestate can be the last thing you need:

  • Unmarried Couples. If you’re in a same-sex relationship, or even in a heterosexual relationship and you’re not married to your partner, then dying without an estate plan could mean that your partner gets nothing. Instead, your property would go to your blood relatives.
  • Parents with Young Children. As discussed above, if you pass away leaving your children without a parent, your kids’ fate will be decided by a judge who doesn’t know you or your family. So, your kids could end up with someone you never would have chosen.
  • Separated From a Spouse. What if you and your spouse are separated, but not divorced? Without an estate plan that says otherwise, at least part of your property will go to your spouse – who just might be the last person you want to receive it.
  • Children from a Previous Marriage. If you’re married but have children from a prior relationship, your spouse could get the bulk of your estate under the intestacy statutes. If you want your children to get a larger share, you’ll need an estate plan.

Filed Under: Estate Planning, Parents w/ Young Children, Wills and Trusts Tagged With: intestacy

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Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

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Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family.

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
Client Review
August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
Client Review
August 25, 2020
    

I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

Leo C.
Client Review
August 25, 2020
    

Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

Mildred W.
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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