There isn’t an estate planning attorney alive who doesn’t have horror stories of what happens to families when a loved one doesn’t have a will. The person without a will leaves behind a mess for loved ones to take care of, including the risk of minor children being placed in foster care. This should be enough to motivate you to call an estate planning attorney, says a recent article from Investopedia, “What’s the Worst Thing That Can Happen If You Die Without a Will?”
Having an estate plan in place does not have to be complicated. However, not having one is. Family conflict is more likely to occur, probate can drag on for months or years and take a big bite out of your estate’s value. If you don’t have an estate plan with medical directives, you might be kept alive by artificial means, even if you’ve told everyone in the family you don’t want this to happen.
Every state has its own laws about how assets are distributed when there is no will. For the most part, they follow bloodlines. Estranged relatives could end up owning everything, or one child could end up with an unwanted responsibility. Having a will lets you be intentional about distributing your assets.
Even close families fight over inheritance when there’s no will. Without documenting your intentions in a will, family members can end up in court, sometimes fracturing families permanently. This is probably not the legacy you’d want to leave behind.
Probate is a legal process where the court validates a will, appoints an executor and allows the executor to administer the estate. If there is no will, the court will appoint an administrator, who is likely to be a stranger. They’ll track down assets, pay debts and distribute what’s left after their fees are paid.
While the court-appointed administrator is handling the estate, heirs will need to wait for any inheritance and the fees, and the months may stretch on far longer than if there were a will and an executor named.
Estate planning is also a means to preserve wealth and pass it on to the next generation. For families who are just getting started, receiving an inheritance of any size could make the difference between owning a home or continuing to rent without the opportunity to build equity for their own descendants.
If you think of creating an estate plan and a will as a gift to your children and your grandchildren, it may be more comfortable than thinking of it as a reminder of your mortality. An estate planning attorney in your community will have the legal knowledge and understanding of how families work. You can leave a legacy of caring, planning for the future and take care of those you love with an estate plan.
Reference: Investopedia (April 11, 2025) “What’s the Worst Thing That Can Happen If You Die Without a Will?”