April 8, 2024
Death is an uncomfortable topic. Many people tend to avoid discussing it and fail to plan for it. But, what happens if you pass away without a will? Do you know who will inherit your property and assets? What happens to minor children or those with special needs? Avoiding this topic can create more confusion for loved ones at a time when they are trying to grieve. In Alabama, if you do not have a will, the state's laws will dictate how your property is divided. In this blog post, we discuss what happens if you don't get around to making a will, if it goes to the state and probate, and how an attorney can help. When you pass away without a will, it's called dying intestate. Your property will pass to your closest heirs, according to Alabama intestate succession laws. This means the state will determine who your next of kin is and how to distribute your assets. The downside of not having a will is that you cannot direct your assets to specific individuals or charities, and your property will not necessarily be distributed as you want it to. In this case, your assets may get divided and passed down to family members you may not have approved of in life. Additionally, the probate process can become more complex and lengthy if you die without a will. In probate, a court supervises the distribution of your assets and ensures your debts are paid. Without a will, more steps and legal processes become involved, causing delays and tensions between family members. The probate court will assign an administrator to oversee the proceedings, and they are obligated to adhere to Alabama law on how to distribute your assets. If you do not have a will, you are also unable to choose a guardian for any minor children or those with special needs. Probate court appoints guardianship for children and disabled persons. They will decide who raises your children and how your financial assets are spent on their behalf. Having an experienced estate planning attorney could help you avoid confusion and conflict among your loved ones after your passing. An estate planning lawyer can assist with drafting and executing your will, ensuring all legal requirements are met. An attorney can also help you with other essential estate planning documents, including trusts, powers of attorney, and advance healthcare directives. At Law Offices of William S. Halsey, III, we recognize the importance of a well-drafted will and other estate planning documents. We can assist Alabama residents with drafting, modifying, and updating these documents. Our team understands that each client's needs are unique, and we can tailor our services to meet each client's specific requirements. No matter what stage in life you are in, creating a will is an essential part of estate planning. It’s an uncomfortable topic to think about, but not addressing it can cause confusion, delays, and disputes among family members. Without a will, your assets will be distributed based on Alabama intestate succession laws, and individuals you may not have approved of may end up inheriting your property. The probate process without a will can become complex and lengthy, and the court must appoint guardianship for minor children. To avoid these issues, working with an experienced estate planning attorney can ensure your final wishes are honored, and your loved ones can grieve and focus on healing.