What Are the Risks of Not Having a Will or Trust in Place?

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday August 26th, 2024.

The risks of not having a will or trust in place are far-reaching, and they go beyond just creating complexities concerning the continuity of your estate. It leaves your loved ones vulnerable to exploitation, especially because of the potential lawsuits that can drag on for years in court. Recognizing these risks is important for anyone who thinks about dying intestate and then taking proper steps to have a will or trust in place. 

Here’s a list of potential risks if you have no will. 

Your Family Has No Control Over the Distribution of Your Assets

If you don’t have a will or trust in place before your demise, your loved ones will not have the ability to distribute your assets peacefully. The state intestacy laws will take precedence and assign heirs to your estate based on some generic legal formula. The outcomes of this legal formula may not address the specific needs of your family, especially if the appointed heir blows through the family fortune in a few months. 

Ugly Family Disputes that Can Damage Your Pristine Reputation

If you don’t leave a legally defined plan for your estate’s continuance after your passing on, you will be creating a perfect recipe for ugly family disputes. The disputes will not only leave your family divided in different directions; the disputes will damage a reputation that took you years to build. In addition, your family will pay dearly for these disputes when they end up in court. 

Probate-Related Complications

Not having a will or trust in place will create complications during probate. It will take your family a longer time to complete the legal process of administering your estate, pay debts, and distribute your assets amongst all beneficiaries. It is even worse when disputes arise during the process. 

Problems with Legal Guardianship and Care Decisions

Not having a will or trust in place will negatively impact any minors you leave behind after your demise. Making arrangements for legal guardianship for these minors will be harder, which exposes them to all forms of abuse. You will not only protect their interests, but it also acts as the instrument for appointing suitable guardians who will put their interests first. 

Safeguard Your Legacy

Given that none of us is guaranteed to live forever, it is only prudent to prepare a will or trust to provide your loved ones with a proper means to facilitate the distribution of your estate after your passing on. Contact Wickersham & Bowers today to discover how we can help you secure the future you envision.

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