What Does Having “No Will” Mean?

Category : Last Will and Testament | Comments Off on What Does Having “No Will” Mean?

30th Jul 2020

Last will and testament drafted by the estate planning attorneys at Rooth & Rooth Elder Law Attorneys in Seminole, FL

Though this can be an uncomfortable topic to discuss with your family, it is strongly recommended that clients draft a will that outlines their future wishes. People will sometimes say, “I don’t need a will” or “What does it matter? I’ll be dead,” but these ideas can be irresponsible and lead to more trouble later on. Read on to learn what other consequences can come from not having a will.

What Can Happen If I Don’t Have a Will?

Having a will is an essential part of an estate plan, as the following examples illustrate.

– Suppose your child who struggles with a drug addiction will inherit your estate. They will receive a large sum of money with no supervision.

– Suppose you pass away with children who are under the age of 18. Who will supervise the money that they will receive? Who will be their guardian?

– Suppose your very young grandchild inherits your estate. Again, they will be receiving a large sum of money with no supervision. What would the average 18-year-old do with that money?

– Suppose your half-siblings inherit your estate. Consider the potential difficulties if the rest of your family doesn’t know them very well.

-Suppose you have a child with a disability who needs benefits. Will they lose those benefits?

What Does It Mean to Not Have a Will?

Not having a will means that state law would govern your estate. Your estate would be “intestate,” which is an umbrella term for those with no will or invalid wills. Florida’s intestacy succession laws would then dictate who inherits the decedent’s estate.

At Rooth & Rooth Elder Law Attorneys, our legal staff is well versed in helping our clients ensure that their wishes are respected. We can assist you with drafting a will, establishing a trust, and managing your estate. Taking these steps is critical because it allows you and your loved ones to have control over your estate plan. To create your will the way you want it, call us today at 727-397-4768 or send us an email.

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