Consequences of Dying Without a Will


Many people never even consider the consequences of dying without a will, especially when they are still young. Unfortunately, this can cause quite a nightmare for those left behind when the unexpected happens.Last Will

A good example of this is the recent death of Marlin’s pitcher Jose Fernandez. After his September 25 boat wreck in South Florida, he left behind an unborn daughter with his girlfriend. Of course, at age 24, Fernandez probably never even considered writing a will. Now, his mother has filed a petition to start the process that will determine who receives his assets. By filing to administer her son’s estate in probate court, it sets into motion the valuation of his assets and who will get them. Unfortunately, there may also be wrongful death lawsuits filed against the estate.

While every person dying without a will may not leave behind such a tangled mess for his or her family, the consequences can still be stressful to loved ones already dealing with an upsetting and unsettling situation.

The Worst Case Scenarios of Dying Without a Will

As attorneys, it is our job to help clients avoid the worst case scenarios of dying without a will. For parents, this is often who will care for the minor children should both parents pass away in an accident. The last thing you want is for your children to wind up in the “system.” Protecting them from going into foster care is as easy as naming a guardian for them in your will.

The next scenario is also a verWilly real one – your partner loses the home. If you are not married and were the sole owner of the real estate, your children, parents, or siblings will have the first legal recourse to the property. No matter what people say during life after death things are subject to change – especially when there is a monetary value attached. Even the state might have rights to the home over a partner.

Family disputes are another serious concern. The closest relatives can turn into mortal enemies when arguing over an estate. It may seem funny, but some people call their loved ones over to their home for a labeling party. Each person is given labels to put on items they want while the owner is still alive – avoiding problems and fighting later on. This becomes even more important if the home is filled with antiques and valuable artwork.

The Extensive Cost of Dying Without a Will

There are extensive costs involved when a person passes away unexpectedly, besides any funeral expenses. Dying without a will can lead to high legal costs as some cases can drag on for years. Additionally, your beneficiaries may end up with higher tax burdens and fees that would not have been present had you prepared a will.

An estate does not have to be large, and you do not have to be rich to take care of the loved ones you will leave behind. Avoiding the consequences of dying without a will can make a tremendous difference for those who will be left behind.

If you have parents who have not mentioned this subject, now is the time to bring it up. No one wants to think about death, but it is an inevitable part of life. Accidents do happen. Preparation is crucial to protect those you love.

In South Florida, people can turn to Coral Springs attorneys Brodzki Jacobs & Associates, PL, for help with wills, estate planning, and legal services. Call (954) 344-7737 to schedule a consultation.




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