While many people are not always willing to begin the estate planning process, it is important to recognize that it is one of the most important decisions anyone can make. Fortunately, our experienced Butler County will preparation attorney and other legal team members have devoted our practice to helping individuals through each step of the estate planning process, no matter their age, financial standing, or otherwise. Read on to learn more about the importance of creating a will and how our firm can help you and your family acquire the peace of mind you need. Below are some of the questions you may have:
What Does It Mean to Die Without a Will in Pennsylvania?
A will is an important legal document that allows you to dictate how you would like your assets split up after your passing. It’s important to understand, however, what happens when there is no will in place. In these instances, the deceased is considered to have passed “intestate.”
How Pennsylvania Intestacy Works
Under Pennsylvania intestacy law, when someone passes away without an established will, the state assumes control of their estate. As such, there is a predetermined order in which your assets will be distributed among your legally recognized heirs.
Additionally, when the state assumes control over an estate, it will appoint someone to serve as the administrator of the estate rather than the executor.
Who Inherits When There Is No Will?
As mentioned, when there is no will in place, the state will distribute assets among heirs through a pre-established line of intestate succession.
General Order of Distributions
Pennsylvania will distribute assets from an estate based on a priority order:
- Surviving spouse
- Children/descendants
- Parents
- Siblings
- Extended family if no immediate family exists
Who Cannot Inherit Without a Will?
Without an established will in place the following individuals do not have any legal rights to the assets in your estate:
- Unmarried partners
- Step-children (if they are not legally adopted)
- Friends
- Charities
Why Should I Create a Will in Pennsylvania?
Though thinking about your own passing can be an incredibly unpleasant experience, it is critical to help provide peace of mind for the future. Creating a will has a considerable number of benefits, including the fact that you have a say over what happens to your belongings after your passing.
Providing for Loved Ones
Without a will in place, your assets will be divided according to the state. This means some of your loved ones may be vulnerable following your passing. As such, you can choose how to divide your assets to help provide for your loved ones following your death. For example, if you have a child with certain special needs, you can leave extra assets to them, rather than having them evenly distributed among all of your children.
Preventing Disputes
One of the most beneficial reasons to establish a will is that it can help avoid conflict and drama following your passing. Unfortunately, it’s not uncommon for heirs to fight over property and what you “would have wanted.” The easiest way to avoid this is to formally document your wishes to ensure they are followed after your passing.
Choosing Your Executor
When you establish a will, one of the most important things you’ll need to consider is who you would like to serve as the executor of your estate. This is an incredibly important role, as this individual is responsible for managing your estate and distributing assets in accordance with the terms and conditions of your will. In fact, they have a legal obligation, known as a fiduciary duty, to act in the best interest of the estate. If you do not create a will, the state will appoint someone of its choosing for this role.
What Happens to Minor Children Without a Will?
As a parent, it is critical that you create a will no matter what your financial circumstances are. This is because, with a will, you can appoint guardians to take care of your children in the event that something ever happens to you and your spouse. Even though no parent ever wants to consider not being able to care for and be there for their children, it is always best to prepare for the worst-case scenario.
Establishing Guardianship Gives You Control
As mentioned, creating a will allows you to:
- Choose who raises your children
- Name alternate guardians in the event your first-choice is unable to assume this responsibility
- Prevent uncertainty to ensure someone is available to protect your child
If No Guardian Is Named
In the event you pass away without a will, the court will appoint a guardian for your minor children by considering their best interests. This means that unique family dynamics may not be considered, leading to a less-than-ideal living situation for your children.
Other Issues That Can Arise Without a Will
In addition to having no say over how your assets are divided or who will care for your minor children, there are a number of other legal issues that may occur in the event that you do not have an established will before your passing:
- Significant delays in the probate process
- Higher legal fees paid from the estate for contested cases
- Frozen assets during disputes
- Increased stress for family members
How to Prevent Intestacy Issues in Pennsylvania
If you are worried about the state assuming control of your estate following your passing, one of the most important things you can do is create a will and explore supplemental estate planning options.
Create a Will Under Professional Guidance
It’s imperative to work with an experienced attorney if you wish to create a will. Unfortunately, many assume that using a free, “DIY” template will suffice. However, you’ll find that there may be inconsistencies with language that render portions of your will invalid.
Additional Tools
In addition to establishing a will, you should ask your attorney whether or not you could benefit from the following:
- Trust funds
- Powers of attorney
- Medicaid planning
- Living wills
- Beneficiary designations
Work With an Experienced Estate Planning Attorney Today
At Heritage Elder Law & Estate Planning, we understand how overwhelming it can be to plan your estate. That is why we are proud to help those across Western Pennsylvania navigate this complex matter to achieve peace of mind for the future. If you are ready to start preparing, do not hesitate to contact our firm today. We can help you discuss your options to ensure that your wishes are met.
