You may not want to think about dying someday, but drafting certain estate planning documents will make it easier for loved ones to settle your affairs after you pass. For example, everyone should have a will. In this document, you can bequeath assets to beneficiaries, establish guardianship for minor children, and state any last wishes regarding the funeral or burial. When someone dies without a will, the surviving family members have no guidance and must follow state law instead. Here is what you can expect if a loved one dies intestate.

Intestate Succession Laws

Every state has its own intestate succession laws, which apply when someone dies without a will. In Connecticut, the precise distribution of property depends on the surviving family members. For example, if you have a spouse but no kids or surviving parents, your spouse would inherit everything. Likewise, if you have children but no spouse or parents, the kids would get everything. When it comes to more complicated dynamics, the surviving family members should seek counsel from an estate planning lawyer.

Beneficiary Designations

Assets that are not subject to the laws of intestate succession include property that has already been transferred to a trust, life insurance payouts, retirement funds, and bank accounts that have a payable-on-death clause. At the end of the day, anything with a beneficiary designation that did not need to be included in estate planning documents does not have to go through probate or the court’s intestate succession proceedings.

Other Scenarios

When it comes to other scenarios that must be resolved without a will, like establishing guardianship for minor children, the court will step in and handle the proceedings. A judge will consider the best interests of the kids and ultimately try to place them with another living relative. Individual family members can make a case as to why they might be the best option, but if the parents did not leave a will, the final decision will be up to the judge.

If you want to ensure loved ones will be taken care of after you pass, Debra A. Brown will help you create a comprehensive estate plan. Since 1984, this will and trust attorney has been providing unparalleled legal counsel to clients throughout Torrington, CT. Visit her website to explore her practice areas, or call (860) 496-7717 to schedule an initial consultation with an estate planning attorney today.