As difficult as it may be to prepare for your death, estate planning is a necessary part of life. Including a will in your estate plan allows you to protect the future of your loved ones and remain in control of how your estate is handled once you pass away. Thus, dying without a will in place can have serious consequences. Below, the estate planning attorneys at the Law Offices of Neil T Nakamura & Associates in Honolulu, HI, explain what happens if you fail to leave a will behind.

How an Estate Is Settled Without a Valid Will 

Assets

If you die without a will, the court will distribute your assets among your closest relatives under Hawaii’s intestate succession laws, so you won’t have any say in who your beneficiaries are. Instead, who your property goes to will depend on whether you are survived by a spouse, children, parents, or any other close relatives. If you have a spouse, but no living parents or descendants, your spouse will automatically inherit everything. Otherwise, your spouse will share the inheritance according to intestate succession. 

Minor Children 

One of the most important parts of estate planning is choosing a guardian for minor children. If you have young children, a will gives you the opportunity to appoint a guardian to take care of them if both their parents experience a premature death. However, without a will to legally designate a guardian, it becomes the court’s decision who should raise your kids. Although judges are obligated to rule in the best interests of the children, they may choose a guardian with whom you wouldn’t necessarily agree. 

Executor

A will names the executor of your estate, someone you trust to correctly manage your affairs and ensure your beneficiaries receive their inheritance as you intended. When there isn’t a will to name an executor, the court will select whomever they feel is qualified to fill the role, which could end up being someone you wouldn’t want privy to your personal information.

With more than 43 years of experience preparing wills and trusts, the Law Offices of Neil T Nakamura & Associates offer valuable guidance to ensure their clients’ final wishes are honored. They will prepare all the documents you need to meet your specific estate planning goals. For a free initial consultation, call the firm at (808) 945-7645. You can also visit them online to learn more about their various legal services.