Two Out of Three Americans Die Without a Will. Don’t Be One of Them.
Nearly two-thirds of Americans pass away without a will, a legal situation known as dying intestate.
When that happens, you lose your voice.
Instead of your wishes guiding what happens to your money, property, and loved ones, state law takes over through a process called intestate succession. The state decides who gets what, not you.
Why Intestacy Can Be a Serious Problem
While intestacy laws usually prioritize spouses, children, parents, and siblings, they are based on generic family assumptions that often don’t match real life.
Today’s families are rarely traditional. With more than half of marriages ending in divorce, blended families are now the norm, and intestacy laws frequently fail to account for them.
As a result, intestacy can unintentionally:
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Exclude stepchildren, foster children, and adopted children
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Leave out close friends, long-term partners, or charities
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Ignore relationships that mattered most to you
What Can Go Wrong Without a Will
Dying without a will can create stress, confusion, and conflict for the people you love. Common consequences include:
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Funeral and burial decisions left to others
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A court-appointed personal representative you would not have chosen
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Judges deciding who raises your minor children
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Loss of control over a family business
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Family property being sold instead of kept in the family
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Disputes among heirs about your intentions
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No instructions for incapacity or end-of-life care
What Actually Goes Through Probate
Not everything passes through probate. Assets that avoid probate include:
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Jointly owned property with survivorship rights
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Accounts with named beneficiaries
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Transfer-on-death and payable-on-death accounts
However, anything owned solely in your name without a beneficiary designation will go through probate and be distributed under intestacy law.
You Can’t Control Everything. But You Can Control This.
You cannot control when or how you will die.
But you can control your legacy.
Many people delay estate planning because they think they are:
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Too young
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Not wealthy enough
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Unable to afford it
The better question is this: Can you afford not to have a plan?
A basic estate plan is often far more affordable than people expect and provides peace of mind knowing your wishes will be honored.
Don’t Leave Your Legacy to the State
An estate plan puts you back in control. It ensures your money, property, and decisions reflect your values, your family, and your intentions.
Create your estate plan now while you still can.
