subject: What Happens When Someone Dies without a Will? [print this page] What Happens When Someone Dies without a Will?
It's almost universally accepted that one of the things all people should have is a last will and testament. This document, which can sometimes be quite simple, dictates their wishes for their heirs and loved ones after they have passed away. However, a will is also associated with the later stages in life and isn't thought to be a necessity until someone reaches a "certain age." Those who fail to create a will before death leave a whole slew of potential issues resting on the shoulders of their friends, family, and potential heirs.
Without a will, all decisions related to a person's burial and the transfer of their possessions are left up to their family. While this might sound innocent enough, it can cause discord among family members who all have different ideas about what the deceased would have preferred and who they considered the logical heir of their estate.
These disputes can be solved in court by a judge. If the deceased has a clear cut, logical heir -- such as a surviving spouse or children -- the judge will often appoint one of them to be the executor of the estate. The responsibilities of executorship grant them the ability to make decisions on behalf of the deceased relative. These decisions include burial options (such as cremation), burial locations, and the transfer of the person's possessions to members of their family or their friends.
If there is no logical heir to the estate, the process gets significantly more complicated. In what may end up being a decisive couple of days or weeks, family members often spar with each other and make their case as to why they are the logical choice for executorship. The longer it takes to reach an agreement on who should take care of the estate, the more drawn out and divisive the court battles will be. Many families have gone through this process and have emerged weakened and unable to come together in the name of memorializing the deceased.
These potential conflicts are reason enough to create a will. It is highly unlikely that any one person would want to be responsible for dividing their family in the event of their untimely death. And while the provisions in a will may prove unpopular, they will at least not be up for debate and will preserve the cohesion of surviving spouses, children, and other family members.
This advice should not be taken as legal advice. Because the absence of a will can cause great personal stress to your family members on top of the grief they'll already be feeling, this advice is simply personal and precautionary advice. For legal matters related to the creation of a will, contact an attorney and discuss your options.
