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THE VALLEY BUSINESS JOURNAL<br />

10 www.TheValleyBusinessJournal.com<br />

<strong>October</strong> 20<strong>22</strong><br />

What Happens If You Die Without a Will?<br />

A will is an excellent tool to make<br />

a plan for your assets and heirs after<br />

you die. Everyone needs to have an<br />

estate plan, but most people do not<br />

make a plan until they approach the<br />

golden years in life.<br />

Unfortunately, oftentimes people<br />

pass away unexpectedly, never having<br />

made arrangements for a will. Here’s<br />

what happens when that occurs.<br />

What Happens After You Die and<br />

There Is No Will?<br />

Each state has an intestacy law that<br />

instructs how your money and assets<br />

are distributed if you were to pass away<br />

without a will. Through a process called<br />

probate, the government decides who<br />

gets what. Most of the time, the assets<br />

are distributed to family members.<br />

Non-family loved ones or stepchildren<br />

are not on the list of distribution. If you<br />

want your assets to be split among specific<br />

people that may not fall in line with<br />

what the state would do, you’ll need to<br />

draw up a will.<br />

For example, if you pass away and<br />

have a surviving spouse with adult children,<br />

the money will be divided evenly<br />

among all of those family members.<br />

However, if you die single with no children,<br />

the beneficiaries start to include<br />

parents, siblings, and other relatives.<br />

Many single people without children<br />

have friends who become family<br />

throughout the years, including the<br />

people you spend the holidays with<br />

and raise kids together. These people<br />

will have no right to your estate if you<br />

do not specify so in the will.<br />

If you die in a domestic partnership,<br />

it depends on the state if your<br />

partner is recognized as a beneficiary.<br />

For those states that recognize domestic<br />

partnerships, the assets will be<br />

distributed the same as with a surviving<br />

spouse.<br />

Some Assets Have Named Beneficiaries<br />

You may think you are covered if<br />

you have named beneficiaries of some<br />

funds. For example, a life insurance<br />

policy will ask you to name a beneficiary,<br />

and you can ensure that your<br />

domestic partner is specified. Similarly,<br />

retirement funds will ask that you<br />

choose the beneficiary.<br />

Keep in mind that not all assets<br />

are covered, even if you have chosen a<br />

beneficiary for some sources of money.<br />

Creating a will is the most secure path<br />

toward passing down your assets to the<br />

people that you love the most.<br />

It’s time to get your estate plan<br />

together. Shoup Legal is here to help.<br />

Give us a call at (951) 455-4114 or<br />

email us at info@shouplegal.com to<br />

learn more about how we can help<br />

you plan today for peace of mind<br />

tomorrow.<br />

“<br />

Unfortunately, oftentimes<br />

people pass<br />

away unexpectedly,<br />

never having made<br />

arrangements for a<br />

will.<br />

SHOUPLEGAL.COM<br />

LEGAL<br />

by by<br />

Andrea Steve Fillingim Shoup

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