What happens if you die without Making a Will?
If you die without Making a Will, or if your Will turns out to be invalid, you are said to have died intestate.
This effective means that your estate which includes money, possessions, investments and property after any bills, debts or costs (typically funeral costs) are paid – will be disbursed in accordance to the intestacy rules.
Intestacy Rules
State law dictates the intestacy rules which determine how your estate is divided. For instance: who will inherit and to what extent. It also sets out who will be responsible for dealing with your estate. These rules are based on relationships defined by family structures, which are often not reflective of modern society. For example, the intestacy rules do not provide for unmarried couples or step children.
The important element to grasp here is that your wishes, or those of your family and friends, will have no bearing on how your estate is distributed. Furthermore, when determining who should inherit or manage your estate the intestacy rules must be followed and is totally irrelvant how close you were to someone, how much or little contact you had with them or indeed how trust worthy they are.
Also there is no insight or rationale applied to the potential beneficiaries and their comparative needs and why it might be more prudent or appropriate for certain people to inherit certain things. There is also no mechanism for money to go to charities or organisations that mean a lot to you, unless you provide for this in your Will.
