What are the problems with dying intestate?

Many people who pass away have an estate plan in place. At the very least, they have written a will that specifies how they want to split up their major assets. They may also have detailed information about minor assets and family heirlooms. They could have drafted a medical power of attorney, set up a trust or used other estate planning tools.

If someone dies intestate, it means they died without a valid will. What happens if that’s the case?

Estate distribution and disputes

The assets still have to be passed on, so the estate will go through probate. There are many different things that have to be addressed, from paying off debts to handling real estate to dividing financial accounts.

One of the problems if a person doesn’t have a will in place when they die is that they have no control over what happens to their own assets. Family members have to submit to state law that dictates how assets are distributed, which may not be what the deceased or any of the heirs would have wanted.

Another problem is that passing away without an estate plan increases the odds of disputes. Siblings may fight over who gets a specific family heirloom, for instance. There could be disputes about what to do with the family home, as some adult children want to keep it and have a sentimental connection to it, while others would prefer to sell the home because they just want to split up the money.

Many of these issues can be avoided simply by having at least a will in place. If you’re interested in doing so, it’s wise to have experienced estate planning guidance.