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Elder Law • Medicaid Planning • VA Benefits

What Happens to the Things in Your Home That Aren’t Included in Your Will?

Apr 22, 2022

Contemplating your own or a loved one’s death makes for some difficult conversation, but not talking about it can lead to bigger problems down the line. One of the most important aspects of estate planning is deciding what will happen to your belongings after you die. If you don’t have a plan in place, your loved ones could end up having to guess what you would have wanted, and that can lead to disagreements.

Prudent Planning

If you haven’t made a will, chances are you’re not alone. In fact, according to the National Will Registry, about 60% of Americans die without leaving one. This means that if something happens to you and you don’t have a will, your loved ones will have to scramble to figure out what happens to all of your belongings while navigating tedious and frustrating legal processes.

Probate

With no will established, your belongings will be divided up according to state law. In most states, the division of property is called “intestate succession.” Under intestate succession, your belongings will be divided among your closest relatives. This can often lead to a lot of drama and strife, as different family members argue over who should get what. This process, called probate, is a time-consuming, confusing process that can leave the family burdened with outstanding debt while your matters are sorted.

Estate Planning

Planning for your death can feel awkward, but it’s important to tackle. By creating a will, you can ensure that your loved ones don’t have to go through the hassle of probate. You can also designate who should inherit specific belongings and set up trusts to protect your loved ones’ inheritance. With the help of an estate planning attorney, you can create a will that turns an uncomfortable subject into one that brings you peace of mind.

A Final Gift For Your Family

Averting family discord, a will upholds clarity. It allows you to appoint someone you trust to manage your affairs after your death, including distributing your belongings in a way that pleases you. It provides peace in the final stages of life and has removed the chance of contentions that potentially sever relationships within your family. Doing so allows those you cherish to focus on grieving and supporting one another at a time when they’ll need it most.

So, if you haven’t made a will yet, it’s never too early to start thinking about it. It will give you and those you care about peace of mind knowing that important matters will be taken care of after you’re gone.

Author information: Anica Oaks is a professional content and copywriter who graduated from the University of San Francisco. She loves dogs, the ocean, and anything outdoor-related. She was raised in a big family, so she’s used to putting things to a vote. Also, cartwheels are her specialty.

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Since starting his practice of law in 1971 Mr. Kraft has helped many thousands of people address their concerns and achieve their goals. He is committed to giving seniors and the people who love them information to cope with living and aging.

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