Call Us – We’re Easy to Talk To
(214) 999-9999

Elder Law • Medicaid Planning • VA Benefits

What Happens to Your Assets When You Don’t Have an Estate Plan?

Dec 28, 2021

Having your assets transferred to family, friends, and other loved ones after passing away can be complicated without an estate plan, and in some cases, difficult. However, taking the time to ensure your wishes and needs are in place can give you more peace and prevent your property from being given to the wrong individual or company. Below are some examples of what can happen to your assets without an estate plan in place.

State Laws

Without estate planning, the laws of the state you live in will generally determine where your assets go. For instance, if you have multiple children but only want a specific child to inherit a particular asset, the personal possession or business asset could go to another son or daughter without an estate plan. Therefore, it is necessary to sit down with a qualified lawyer to discuss whom you want to have ownership of assets, opposed to letting state laws dictate how possessions are split.

Surviving Spouse

Your spouse will inherit all assets in most situations unless an estate plan is developed. In many cases, husbands and wives are okay with this code; however, those going through difficult times may not be. Another issue is that a surviving spouse could have the full power of business-related ventures and possessions, regardless of whether he was a part of the company or not. Spouses can also keep the assets and decide who will receive what, regarding children, siblings, and other family members and friends. Your husband could also refuse to split the assets without an estate plan.

Probate

Time can be an issue for families without plans in place. Your assets could be transferred and paid to a beneficiary quickly with estate planning. However, without the plan, your possessions could go through probate, and things could become challenging, mainly if your spouse, children, and other descendants depend on the assets for survival. When speaking with an estate planning attorney, it might be best to discuss developing a living trust to avoid probate and ensure your assets are split as you wish.

Disrupt Your Legacy

Suppose you have envisioned a corporation’s future, property, and other assets. In that case, estate planning can continue your legacy, which is the top benefit. Without the plan, your wishes aren’t guaranteed, and the assets can be sold. Receiving assistance from a lawyer early on, and making changes as necessary in the future, could help you continue your legacy, as opposed to allowing things to be determined by someone with no interests in your personal or professional belongings.

Creating an estate plan to prevent assets from going to the wrong person or business is vital. It would be best to speak with a qualified estate planning attorney to avoid the aforementioned issues and protect your possessions for loved ones.

Meghan Belnap is a freelance writer who enjoys spending time with her family. She loves being in the outdoors and exploring new opportunities whenever they arise. Meghan finds happiness in researching new topics that help to expand her horizons. You can often find her buried in a good book or out looking for an adventure. You can connect with her on Facebook right here and Twitter right here.

Topics

Archives

elder law attorney, estate planning, asset protection, medicaid planning, va benefits

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.

Contact us to see how we can help!