Many individuals don’t have a will because they figure that it isn’t their concern. When they pass away, someone else will take care of the situation. Many believe that because people die every day, it can’t be that difficult.

As an estate planning attorney in the Triangle area, the Thornton Law Firm tries to educate individuals what can happen after a loved one’s passing and how wrong this type of thought is.

3 potential scenarios of what could happen if an individual die without a will is:

  1. Single or Widowed with No Children: If someone dies without a will and there are no children, the closest surviving family member will receive what is remaining. That could be an aging parent, sibling, uncle, or aunt. While some people are okay with this scenario, not everybody has great relationships with certain family members.
  2. Single or Widowed with Children: If there are children in the picture, typically they will receive the entire estate. If there are more than one child, it will be divided between the children. Without proper planning, this scenario can possibly lead to fighting and animosity between siblings.
  3. Unmarried Couples: Dying without a will can be devastating to couples who are not married because their estates may not pass to their significant other, but to their surviving family members.

The scenarios above only refers, simply to the division of assets and the distribution of an estate. There are so many more difficult things that are involved when someone dies without a will, such as the care or guardianship of minor children.  If a relative, parent, or significant other does not want a will, give it to them as a gift. This could end up being one of the best gifts you ever give someone.

To learn more about the estate planning process and having a will and other estate planning documents drafted, contact me, Chad Thornton, at the Thornton Law Firm.