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Why Do I Need a Will?

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If you have yet to create even a basic estate plan, you have likely had to listen to well-meaning friends and family encouraging you to get started. It helps to understand why it is so important to have that plan in place. Toward that end, a Bowie estate planning attorney at Sinclair Prosser Gasior explains why you don’t want to die intestate.

Intestate vs. Intestate Estates

When a decedent left behind a valid Last Will and Testament, the individual is said to have died “testate.” On the other hand, if a decedent failed to leave behind a Will (or a trust that distributed the decedent’s estate) the estate left behind is referred to as an “intestate” estate.  How the estate is probated, who oversees the process, and how the estate assets are distributed will all depend on whether the estate is a testate or an intestate estate.

Reasons to Avoid Dying Intestate?

There are several good reasons why you always have an estate plan in place. For example, consider the following three reasons why you don’t want to die intestate:

  • You give up the ability to decide how your assets are distributed after you’re gone.  Whether you have already amassed a valuable estate, or you are just starting to acquire estate assets, the odds are very good that you care what happens to the assets you do have. You may, for example, have family heirlooms that have been in the family for generations that you intend to pass on to someone specific. Or maybe you have a collection that you promised to a favorite niece or nephew. If you are a philanthropist, you may also hope to leave your assets to a charity that is close to your heart or you might have strong religious beliefs and want a church or other religious organization to inherit the assets you own when you die. Regardless of how you wish to distribute your estate assets, you give up the ability to make those decisions if you leave behind an intestate estate. When a decedent dies intestate, the state intestate succession laws determine how the estate assets are distributed. Those laws typically dictate that assets be passed down to close family members only and in the proportions established by the laws only.
  • It may prolong the time it takes to probate your estate.  One of the many advantages to creating an estate plan is the ability to incorporate probate avoidance tools and strategies into that plan. Probate is the legal process that is usually required following the death of an individual. Probate can be costly and time consuming which is why many people actively try to avoid it within their estate plan. When an individual dies intestate, however, it means that no effort was made to avoid probate. Assets that might have been distributed immediately to the intended beneficiaries end up tied up in probate for months, even years sometimes.
  • It increases the likelihood of probate litigation.  Finally, leaving behind an intestate estate also increases the likelihood of disputes that could turn into protracted litigation. When a decedent failed to leave behind even a basic Will it is impossible to know how he/she intended to distribute estate assets. It also makes it impossible to know who he/she intended to oversee the administration of the estate. Heirs often squabble over the assets and over how the assets can be used. If estate assets need to be sold to pay creditors or to divide the estate according to the intestate succession laws, heirs often disagree over which assets should be sold. Not only can these disputes be financially costly, but they can also cause a rift in the family that may never really heal.

Contact a Bowie Estate Planning Attorney

For more information, please join us for an upcoming FREE webinar. If you have additional questions or concerns about the importance of not dying intestate, or if you are ready to get started on your estate plan, contact an experienced Bowie estate planning attorney at Sinclair Prosser Gasior by calling (410) 573-4818 to schedule an appointment.

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About Colleen Sinclair Prosser, Estate Planning Attorney

Colleen Sinclair Prosser offers years of experience in estate preservation and transfer. A strong proponent of the living trust, she also focuses on wills, powers of attorney, living wills, probate, trust administration, prenuptial agreements, nursing home planning, and special needs planning.