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Home / Estate Planning / What Does it Mean to Die Intestate?

What Does it Mean to Die Intestate?

February 8, 2023 by Brandon McGee

Dying intestate refers to a situation where a person passes away without leaving a valid will. In other words, the person has not made any legal arrangements for the distribution of their assets after their death. In this case, the laws of the state in which the person resided at the time of their death will determine how their assets are distributed.

When a person dies intestate, their assets are distributed according to the state’s laws of intestate succession. These laws vary from state to state, but generally, the assets will be distributed to the deceased person’s next of kin, such as their spouse, children, or parents. If the deceased person does not have any living relatives, their assets will go to the state.

One of the main problems with dying intestate is that it can lead to disputes among family members over the distribution of assets. This is especially true if the deceased person had a large estate or valuable assets, such as a home or business. Family members may disagree over who should inherit what, leading to costly legal battles that can take years to resolve.

Another problem with dying intestate is that it can result in assets being distributed in ways that the deceased person may not have intended. For example, if the deceased person had a child from a previous marriage, their assets may be distributed to their current spouse instead of their child. Additionally, if the deceased person had specific wishes for how their assets should be distributed, such as leaving a portion of their estate to charity, these wishes will not be honored if they die intestate.

Furthermore, dying intestate can also create difficulties with the administration of the estate. If there is no will, the court will have to appoint an administrator to manage the deceased person’s assets and distribute them to the heirs. This process can be time-consuming and costly, and may not be as efficient as if the deceased person had left a will.

In conclusion, dying intestate can have serious consequences for a person’s family and loved ones. It can lead to disputes over the distribution of assets, can result in assets being distributed in ways that the deceased person may not have intended, and can create difficulties with the administration of the estate. To avoid these problems, it’s important for everyone, regardless of their age or the size of their estate, to have a valid will in place. And the best way to do that is by contacting our law firm online or via phone at (817) 899-3286.

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Brandon McGee
Brandon McGee
Brandon McGee enjoys a successful law practice focusing on estate planning, elder law, Medicaid preplanning and crisis planning, and probate. Brandon and his team combine legal skills with compassion and understanding to develop estate plans that are personalized to the needs of each of their clients.
Brandon McGee
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Filed Under: Estate Planning

About Brandon McGee

Brandon McGee enjoys a successful law practice focusing on estate planning, elder law, Medicaid preplanning and crisis planning, and probate. Brandon and his team combine legal skills with compassion and understanding to develop estate plans that are personalized to the needs of each of their clients.

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Client Review
May 25, 2021
    

Brandon McGee is knowledgeable, experienced and professional regarding Estate Planning. The entire process of multiple meetings to establish our input, draft and sign documents and fund the Trust were well organized and clearly explained. At completion, we were presented with a very well organized binder with the documents (both paper and electronic) and lists for future action.  In short, we find Brandon McGee and his staff to be competent, professional and friendly. ~ Brian C.

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