What Happens If You Die Without a Will? How Can an Attorney Help?

August 15, 2024

Planning for the future is essential, especially when it comes to your estate. Many people put off creating a will or estate plan, thinking they have plenty of time to do so. However, what happens if you pass away without a will in place? In this blog post, we will explore the consequences of dying without a will and how an attorney can help you navigate the complexities of estate planning. At the Law Offices of J. Marc Montijo, we are dedicated to assisting Arizona residents with their estate planning needs.


Passing Without A Will

When you die without a will, also known as dying intestate, the distribution of your assets will be determined by state laws rather than your wishes. This could result in your assets being distributed in a way that you would not have chosen. For example, if you are married with children and pass away without a will, your spouse may not automatically inherit all of your assets. Instead, the state's intestacy laws may dictate that your assets be divided among your spouse and children in specific percentages.


Probate

Furthermore, dying without a will can lead to lengthy and costly probate proceedings. Probate is the legal process through which the court validates a deceased person's will and oversees the distribution of their assets. When there is no will in place, probate can become even more complicated and time-consuming. An experienced attorney can help streamline this process by guiding you through estate planning options that can help avoid probate altogether or minimize its impact.


Guardianship Resolutions

In addition to asset distribution and probate concerns, dying without a will can also leave important decisions about guardianship unresolved. If you have minor children and pass away without appointing a guardian in your will, the court may need to step in to determine who should care for your children. By working with an attorney to create a comprehensive estate plan, you can ensure that your wishes regarding guardianship are clearly outlined and legally binding.


Estate Planning

An attorney can also assist with other aspects of estate planning beyond creating a will. They can help you establish trusts to protect your assets and provide for loved ones after you pass away. They can also advise on tax implications and ways to minimize taxes on your estate. By working with the Law Offices of J. Marc Montijo, Arizona residents can feel confident knowing that their estate planning needs are being taken care of by knowledgeable professionals.


Planning for the future is crucial, especially when it comes to protecting your assets and ensuring that your loved ones are provided for after you pass away. By working with an experienced attorney at the Law Offices of J. Marc Montijo, Arizona residents can rest assured that their estate planning needs are being handled effectively and efficiently. Don't wait until it's too late – contact us today to discuss how we can assist you with creating a comprehensive estate plan tailored to your specific needs and goals.

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