As a Sturgis estate planning attorney, I often see the consequences of not having an estate plan in place when a person passes away. It can be a stressful and confusing time for loved ones, and it can also lead to costly legal battles and disputes. Here’s what happens when you pass away without a will, and why it’s important to work with an experienced attorney to put one in place.
What Happens When a Person Passes Away Without an Estate Plan
When a person passes away without a will, it’s referred to as dying “intestate.” This means that the state will determine how to distribute the person’s assets and property, according to Michigan law. This can be a problem if the person’s wishes for their assets and property differ from what Michigan law decides.
For example, if a person has no surviving spouse or children, their assets may go to their parents or siblings. But if the person wanted their assets to go to a charitable organization or a close friend, this may not happen if they haven’t written these wishes down in an estate plan.
If a person has minor children, it’s especially important to have an estate plan in place. Without a will, a court will decide who will take care of the children and manage their assets until they turn 18. This may not be the person the deceased would have chosen as guardian for their children.
Estate Plans Can Include Decision-Making Plans if a Person Becomes Incapacitated
In addition to determining how assets and property will be distributed, an estate plan can also include plans for healthcare and financial decision-making if the person becomes incapacitated. Without an estate plan, a court will appoint a guardian or conservator to make these decisions on the person’s behalf, which may not align with their wishes or values.
An Estate Plan May Help Avoid Legal Disputes Amongst Family Members
Having an estate plan in place can also help to avoid legal disputes among loved ones. When a person dies intestate, family members may disagree on how the assets should be distributed or who should take care of the children. This can lead to costly legal battles and emotional turmoil for the family.
Speak to an Experienced Sturgis Estate Planning Lawyer
An experienced Sturgis estate planning attorney can help you create an estate plan that meets your specific needs and ensures that your wishes are carried out. This can provide peace of mind for you and your loved ones, knowing that your affairs are in order and that your assets will be distributed according to your wishes.
Consider exploring the idea of setting up an estate plan for 2023 to protect your estate and family. Also, if you are ready for an estate plan review, Dresser Law PLLC can assist.
Do not leave your loved ones with the burden of sorting out your affairs when you are no longer here. Contact John at Dresser Law PLLC today to schedule a consultation at (269) 689-8527.