Here’s 20 Things That Will Happen If You Die Without a Will

Written By Babatunde Sanni

We know how uncomfortable merely discussing death is, not to mention preparing ourselves for its aftermath. But you should understand that dying without a will can lead to unintended and, often, unwanted consequences. Here are 20 of the most common of these consequences.

Laws of the State Govern Your Estate

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When you die intestate (without a will), the government takes over the distribution of your assets. As Investopedia explains, “a state probate court will determine how the person’s estate will be distributed. Courts generally establish a hierarchy, with spouses and other close relatives being first in line to receive the assets.”

Guardianship of Your Children Is Uncertain

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The absence of a will leaves the state to decide who cares for your children, and this can have terrible consequences. On one hand, you put an emotional burden on children, especially in cases where they have to prove that they’re your offspring. On the other hand, the court may end up overlooking the very friends and relatives you trust.

Probate Becomes More Challenging

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Generally, you should expect the distribution of your assets—the probate process—to be more challenging for your loved ones to go through. There are many more legal hurdles to cross, more costs for them to foot, and more delays in the distribution of the assets. You put them through more financial and emotional strain than expected.

Potential for Family Rifts Increases

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When your wishes are not clearly articulated in a will, disagreements among relatives about asset distribution can escalate into full-blown conflicts. These familial disputes may not only sour relationships but also lead to costly legal battles that could have been avoided with clearer directions from you.

Unmarried Partners Are Left Vulnerable

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For unmarried couples, the lack of a will is particularly problematic. Intestate laws do not typically recognize romantic partners unless they are legally married to you, leaving them without legal claim to any part of your estate. This could result in significant financial hardship and even the loss of the home you built together.

Charitable Intentions May Not Be Honored

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If supporting charities is important to you, dying without a will silences your philanthropic voice. The state will not allocate assets to charity without explicit directions. This means any plans for charitable giving will not be realized, denying support to causes that may have been close to your heart.

Uncertainty Surrounds Your Business

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Without a will specifying your intentions, your business could face an uncertain future. For instance, the mere confusion over succession can disrupt operations and jeopardize the livelihood of employees and stakeholders. Scenarios like this could potentially lead to a decline in business value or even dissolution.

Distant Relatives Might Inherit

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Your assets could end up in the hands of relatives you barely know or with whom you share no real bond as well. This is because intestate succession laws often extend to distant kin, potentially bypassing closer, non-biological relationships that hold more personal significance to you.

Tax Liabilities Could Increase

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Effective estate planning, including crafting a will, can mitigate tax implications on your estate. Without such preparations, your heirs may face greater tax burdens—which are typically set at a whopping 40% inheritance tax—and this could significantly reduce the net value of their inheritance.

Pets’ Futures Are Uncertain

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The fate of your pets is even worse than that of children, as they’re typically considered an afterthought without a will. Specifying a caregiver in your will ensures that your pets are looked after by someone who understands their needs and commitments, preventing them from potentially being placed in shelters.

Sentimental Items Might Not Reach Intended Recipients

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We all understand how precious family heirlooms, special gifts, and personal items are, and it’s sad that these can end up in unintended hands without specific bequests in a will. By detailing who should inherit these treasures, you ensure they continue to be appreciated by those who value them most.

Real Estate May Cause Conflicts

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Complexities multiply when dealing with real estate in the absence of a will. It’s all too common to see co-heirs disagree over the future of properties without clear directives, potentially forcing sales or legal actions that could diminish the property’s value and familial harmony.

Minors’ Inheritances Need Management

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Inheritances meant for minor children must be managed by appointed guardians until they come of age—a process often fraught with regulatory oversight and potential mismanagement. A will can set terms that more closely align with your financial goals for your children, providing for their future in a more controlled and thoughtful manner.

Funeral and Burial Wishes Remain Unknown

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Without a will, your specific desires for your own funeral and burial arrangements will go unexpressed. Documenting these wishes can prevent family disagreements and ensure that your send-off respects your true intentions. You can also ensure that everyone adheres to particular cultural or religious rites that are important to you.

Stepchildren May Be Excluded

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Intestate laws typically do not cover stepchildren as automatic heirs to assets as well. So, if you consider (and want to appreciate) your stepchildren as invaluable parts of your family, preventing potential exclusion and ensuring they are treated equitably, only a will can ensure they are definitely recognized in your estate.

Joint Asset Arrangements Could Get Complicated

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Complexities can arise with jointly owned assets if instructions aren’t clearly stated in a will. This clarity is especially crucial when co-owners are not married or legally defined, as it helps prevent disputes and ensures that your portion of jointly held assets is distributed according to your wishes.

Retirement Accounts Demand Attention

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Designated beneficiaries on retirement accounts take precedence, but what happens if those beneficiaries are no longer able to inherit? Wills can address these intricate contingencies, as they serve as tools through which you can provide clear guidance for reallocating the beneficiaries of your accounts. They help you avoid unnecessary legal entanglements.

Ex-Spouses Could Make Claims

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Also, you should understand that outdated beneficiary designations can inadvertently benefit an ex-spouse unless a new will explicitly redirects these assets. You should even go the extra step of regularly updating your will because, through this, you reaffirm your current wishes and ensure your estate benefits those you truly intend to support now.

Management of Digital Assets Is Crucial

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In today’s digital age, managing online assets is as important as managing tangible ones. Digital assets, including social media profiles and electronic currencies, no matter how cryptic, require clear directives in your will to ensure they are handled as you wish. You can use a will to safeguard your online legacy.

Personal Debts Must Be Addressed

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Settling personal debts is a crucial aspect of administering your estate, and a will can provide instructions for the payment of these obligations. Through a will, you can ensure a fair and orderly approach to debt resolution and also prevent unmanageable financial burdens from falling unpredictably on your heirs.

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