What Happens When There Is No Estate Plan?

When someone dies without a will, the courts oversee the administration of his or her estate. An estate representative will inventory all assets, pay outstanding debts, pay taxes and then distribute anything left to the heirs. It sounds simple enough, but this scenario is a breeding ground for conflict among family members. If anyone is unhappy about the distribution of possessions, they may enter into probate litigation. Consider the following:

Family 1: While still in their late 20s, Gary and Pam consult an attorney and draw up a will. They have four children and a mortgaged house in the suburbs. While their children are in middle school and high school, Gary and Pam are killed in an interstate crash. In accordance with Gary and Pam’s arrangements, Pam’s sister and brother-in-law take in all four children. The family home is sold, and the money easily covers the funeral, and the remainder — plus life insurance money — is divided into college funds for the kids. Pam’s daughters inherit her grand piano and their grandmother’s first edition books. Gary’s sons inherit his favorite rare film camera and their grandfather’s military medals.

Family 2: Charlie and Andrea are so busy with jobs and four kids that they never get around to drawing up a will. When Charlie and Andrea are killed in a weekend speedboat accident, their friends are shocked and unsure of what to do. The kids go to four different foster homes while the state searches for someone to care for them. The bank forecloses on the house. Charlie’s brother and sister-in-law inventory the house for valuables, which are sold to pay for the funeral, and the sentimental things are lost in the chaos.

Discuss Your Estate Plan Options Today

If you’d like your children and grandchildren to have an inheritance or you want to clearly communicate certain directives about your medical care and finances, an estate plan is the best way to ensure that your wishes are executed. At Miles Hansford, LLC, our lawyers have the experience, compassion and capability to guide you through every step of the estate planning process.

Contact us online or call (770) 574-6688 to schedule a consultation about what options are best for you.

Miles Hansford, LLC

  • Kevin J. McDonough Photo
    Kevin J. McDonough
    Attorney & Partner
    Kevin McDonough, a Partner at Miles Hansford, LLC, focuses his practice on three areas of law: Family Law, Business Law, and Wills and Estates. He works closely with his clients to help identify the goals that are most important to them and then applies a ...
Miles Hansford, LLC Miles Hansford, LLC
Based on my discussion with Brian I hired him to represent me in a case involving multiple charges stemming from an incident on the road. Brian navigated me through the legal process making sure I was aware of my options.

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