Estate plans help address medical emergencies, future support needs and the legacy a person leaves when they die. Some people take for granted that the people closest to them have legal protection regardless of whether they establish an estate plan or not.
If a person dies without a will, what happens after their passing is completely out of their control. State laws govern the distribution of property in cases where people die with assets in their names but no formal estate planning documents.
The law protects close family members
Intestate succession laws determine what happens to property if a person dies intestate or without testamentary instruments, such as a will. Both Nevada and California have intestate succession statutes on the books.
While they are different in each jurisdiction, intestate succession laws largely prioritize the protection of those with close biological and legal ties to the person who died. Surviving spouses and children often inherit most or all of the estate of the person who died. In cases where the decedent did not have a surviving spouse or any children, their parents and other family members might inherit instead.
Many people, such as those in long-term romantic relationships, may need to draft documents to protect the people closest to them in the event of their passing. A failure to plan in advance could result in the wrong people inheriting and significant conflict regarding estate administration.
Working with an attorney to draft a will is a simple way to protect loved ones and leave a meaningful legacy. Individuals who rely solely on state law to govern estate matters may end up disappointing the people closest to them and leaving them without critical protection.