What Happens If You Die Without a Will?
When you die without a will, Pennsylvania intestacy laws will dictate how your estate will be distributed. These laws ensure that your property will be distributed to your immediate/closest family. However, the process might not reflect exactly what you would have wanted to be done with your estate. On the other hand, if you die with a valid will, you have complete control over the distribution of your property and may avoid potential family disputes.
If you still don’t have a will, are unsure if you need one, or need guidance with estate planning, it is in your and your family’s best interest to discuss your situation with a Harrisburg, PA, estate planning lawyer. Doing so will ensure that all your wishes and intentions are documented properly and legally binding.
What Happens to Your Property If You Die Without a Will in Pennsylvania?
PA intestacy laws provide a specific order to help determine who should inherit your assets based on the surviving family you left behind, such that if you die without leaving a will. Here are a few basic scenarios:
- No spouse means your children get everything
- Your spouse gets everything if you don’t have children
- If you have a spouse and children, the law of intestacy divides your estate in “unexpected” ways
- If you don’t have a spouse or children, your parents get everything
- Without children, a spouse, or parents, your siblings get everything
You should also know that the state gets your entire estate if you don’t have any surviving family or relatives (that is, no blood relatives, which is rare, but possible) left. This is known as escheating to the state. Likewise, state law passes property to blood and legal relatives, which will not include stepchildren, best friends, pets, and charities, which you can only ensure occurs in a properly drafted will. This means that people who may deserve, enjoy, or appreciate some of your assets may not get anything due to the intestacy succession laws.
What Happens to Your Children If You Die Without a Will in Pennsylvania?
If you have surviving minor children who don’t have other parents or guardians, a judge will appoint a legal guardian based on your children’s best interests. This is undoubtedly one of the most crucial reasons for having a valid will so that you select a specific individual to care for your children when you die.
Get Legal Advice From Our Harrisburg, PA, Estate Planning Attorney Now
The only way to make sure that your property is distributed based on your exact wishes is to have a valid will. In your will, you can name a legal guardian for your kids, a trustee for the money they receive under your estate, designate which people receive what portion of your property, appoint a representative to manage your estate and specify special wishes, including gifts to family, close friends, pets, or charities. Get started on protecting your family and property today with help from our Harrisburg, PA, estate planning lawyer.
Sometimes, wills can be an uncomfortable subject for people to approach. However, there is certainly some comfort brought by the fact that your final wishes will be carried out as you see best. Call 717-260-3527 or reach Cunningham, Chernicoff & Warshawsky, P.C. online to schedule your free consultation with our Harrisburg, PA, estate planning attorney.