It is easy for responsible adults to convince themselves that they don’t need an estate plan. They may assume that their loved ones already know what should happen with their property. However, conversations with partners and children years ago can be difficult for people to remember while dealing with the stress of grief.
Additionally, testimony about an individual’s previously stated wishes is unlikely to have much influence during probate court proceedings. If an adult dies without a will, then the law determines what happens to their property. Many people may decide they want to draft wills specifically because the people they love might otherwise be unable to inherit property from their estate.
Who has legal inheritance rights?
Individuals with inheritance rights protected by intestate succession laws are heirs. Those chosen to inherit in estate planning documents are beneficiaries. The law generally only recognizes legal and biological family members as heirs.
Typically, surviving spouses and children inherit the estate of a person who dies without a will. The number of children may influence how much property the surviving spouse receives. If a person dies with children but no spouse, then their children may inherit all of their resources. If they die with a spouse but no children, then their spouse is likely to receive all of the property from their estate.
When there are no surviving children or spouses, then other family members might inherit from the estate. Parents often become the main beneficiaries of estates when the decedent did not have a surviving spouse or progeny.
Close friends and unmarried romantic partners are at the mercy of family members regarding their inheritance rights in an intestate estate scenario. Those who want to leave resources for people other than their closest family members may recognize that intestate succession laws do not align with their values. Even those who intend to leave everything to their closest family members may want to have control over who inherits which resources.
Working with a lawyer to draft a will can give people enhanced control over the probate process. Adults without wills may need to make some time to discuss their estate planning wishes with a skilled legal team and create legal documents for the protection of their loved ones, and that’s okay.