Here’s What Could Happen If You Don’t Make a Will

Written By Dave Spencer

We don’t know what happens to us when we die, but we can control what happens to our things. In this article, we look at 18 things that could happen if you make the bad decision not to leave a will.

Beneficiaries With Special Needs May Lose Support

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Beneficiaries with special needs might find themselves in a difficult situation if they receive a direct inheritance, as this could disqualify them from receiving government benefits like Medicaid. Medicaid, being a needs-based program, sets strict income and asset limits for eligibility. According to Medicaid Planning Assistance, recipients are required to report an inheritance to their state Medicaid agency within 10 calendar days, meaning they could lose support immediately.

Complications for Business Owners

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Without clear plans, the future of the business can become very unsure, and this can mess things up at work. Employees and people you work with might not know what their jobs will be like or where the business is going. Also, there might be a situation where your business has to be sold because there’s no plan for what happens next.

Charitable Wishes Ignored

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If you don’t have a will, your wishes to help charities might not come true. This means that the groups or causes you care about might not get any money from you. Also, your family might not give money to charity like you wanted if you don’t write this down legally.

Complexity for Jointly Owned Assets

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Not having a will can make things complicated if you own things together with someone else. If one person dies, it’s not always clear that everything goes to the other person. It sounds obvious, but people who own things together might not agree on what to do with them after they die. Plus, the person still alive might have a hard time proving they should get everything.

Digital Assets Overlooked

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Forgetting to include digital things like online accounts and photos in your will can cause problems. If you don’t say what should happen to these, they might be locked away forever. This means important or special pictures and videos could be lost. Even money in digital form, like cryptocurrency, might not go to the right person.

Heirlooms and Personal Items Cause Conflict

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Family items and keepsakes can lead to fights if you don’t leave a will. Things that mean a lot to your family could cause arguments if it’s not clear who should get them. This could hurt your family’s connection to its past. Making a will helps make sure that these special items go to the right person.

Unexpected Beneficiaries May Claim Inheritance

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When it comes to unexpected beneficiaries claiming inheritance, the law’s default settings might surprise you. Without a will, distant or estranged relatives, even those you might not have chosen or have been close to, could stand to inherit your assets.

Estate Taxes Could Increase

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Your estate might face higher taxes if you die without a will. This is because you won’t be able to take advantage of opportunities to minimize estate taxes through careful legal planning. There are many ways to lower your estate taxes, but they can only be done with a planned will.

Pets’ Future Uncertain

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The future of your pets could also be left uncertain without explicit instructions in a will. Without designating a caretaker or setting aside resources for their care, pets could end up in shelters. A will can specify a guardian for your pets and allocate funds to ensure they are well taken care of after you are gone.

Your Funeral Wishes Unheeded

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Regarding funeral wishes, the absence of a will means your preferences for your own funeral might not be honored. Without clear instructions or allocated funds, family members might be left guessing about your wishes, or worse, face financial strain covering funeral costs.

Delay in Asset Distribution

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Heirs may experience delays in asset distribution when there’s no will, prolonging the legal process. This can lead to legal challenges and financial hardship for those counting on their inheritance. They may also lose money on lawyers trying to secure what you left them.

Real Estate Issues

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People think inheriting a house is easy, but it is so complex. According to Giambrone Law, inheritance disputes, particularly those involving real estate, have become more common due to rising house prices and increasingly complex family structures, with a reported surge of 47% in cases in 2019 alone.

Inheritance Could Go to Unintended Recipients

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Not writing a will could result in assets passing to distant relatives, estranged family members, or others who you might not have chosen, while overlooking individuals who were significant to you, such as friends, godchildren, or mentors. The American Bar Association recommends having a lawyer familiar with cases like yours, preferably referred by friends or loved ones.

Loss of Control Over Your Legacy

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Writing a will, in a way, can be your last effort to control what happens to your legacy. Without one, you lose control over how you’re remembered. Projects or causes important to you may not receive support, and the ones you didn’t care about might be the winners.

Legal Confusion

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When there’s no will, the legal system decides who gets your assets. State laws take over, and the distribution of your assets will be handled according to what your state says. These rules can significantly differ from one place to another, potentially not aligning with your wishes.

Family Disputes May Occur

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Lack of a will can lead to arguments among family members as relatives may disagree on how assets should be divided. Disputes over inheritance can damage family relationships permanently, so writing a will is actually a favor to your family.

Your Children’s Guardianship Uncertain

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Without a will, your preferences for your children’s guardians will not be known. The court will choose a guardian based on its criteria, and this may not match your ideal choice. In addition, relatives might contest the court’s decision, leading to potential legal battles.

Assets May Not Go to Unmarried Partners

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Unmarried partners might not inherit anything without a will, depending on where you live. Without an official marriage or will, your partner is not legally entitled to your assets. They will have to go through years of legal proceedings to claim their inheritance.

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