When a loved one passes away, the emotional toll can be overwhelming. The situation becomes even more complicated if the deceased did not leave behind a will. Wills and trusts are crucial legal documents that outline how a person's assets should be distributed after their death. Without it, the process of distributing assets can become complex, time-consuming, and stressful for those left behind.

Understanding Intestate Succession

In the absence of wills and trusts, the process known as intestate succession kicks in. This is a legal framework that governs the distribution of an estate when no valid will exists. Specific laws vary by state or country, but typically, assets are distributed to the closest living relatives. Unfortunately, this may mean that the deceased's wishes are not honored, potentially leading to disputes among family members.

Overlooking Estate Planning

One major reason for the lack of a will is procrastination. According to Caring's Wills Survey, 43% of respondents without a will just haven't gotten around to it. This statistic highlights how easy it is for individuals to overlook estate planning, especially when life is hectic or when the prospect of contemplating one's mortality seems too daunting. However, failing to prepare can leave a significant burden on surviving family members who may have to navigate complicated legal processes and disagreements.

Straining on Families Left Behind

Besides the legal complexities, not having a will can also lead to significant financial and emotional costs. Assets may be tied up in legal proceedings, delaying access for months or years. The costs of probate can eat into the estate, diminishing the inheritance that eventually reaches the next of kin. Such scenarios can lead to added stress in an already difficult time, creating lasting familial tensions and financial strain.

The absence of wills and trusts can complicate the grieving process for loved ones. It can lead to legal hassles, financial burdens, and family disputes. By taking the time to draft a will, individuals can ensure their wishes are fulfilled and their loved ones are spared unnecessary complications. Consulting with an estate planning attorney and prioritizing this task can make an enormous difference in providing peace of mind and protecting one's family members in the future. For more information about the services that we offer, reach out to our incredible team at AuBuchon Law, LLC today!