For many, the idea of planning an estate can be overwhelming. As such, you may decide that passing away without a will can save you the trouble of having to plan. However, it’s imperative to understand what will happen to your estate if you die without a will or living relatives in Pennsylvania. Unfortunately, many people are unaware of these issues, so the following blog explores what you should know about the importance of estate planning and why connecting with Pennsylvania estate planning attorneys is critical.
What happens when someone dies without a will or living relatives?
When someone passes away without a will in place, they are considered to have passed in “intestate.” Essentially, this means the state will assume control over the deceased’s estate, and distribute it according to the intestate laws of succession. As such, there is a predetermined method for distributing the assets of someone with no estate plan. In Pennsylvania, typically, your surviving spouse and children will receive your estate. If you have no children or spouse, your parents will receive your estate, followed by siblings, grandparents, then aunts, uncles, nieces, and nephews.
However, if you have no surviving relatives, then the state of Pennsylvania will assume full control of your estate and assets.
What can I do to protect my assets?
Generally, the most important thing you can do is create a will. Even if you don’t have any living relatives, creating a will allows you the opportunity to disperse your assets according to your wishes. For example, you’ll find that you may not have children or siblings to leave your assets to, but you may have close friends and loved ones you would like to care for after your passing. Additionally, you may decide that donating a considerable portion of your estate to charity is something you would like. Regardless, there are options you can rely on that do not result in the state assuming control of your assets and estate.
Like most people, if you do not want the state to assume control of your assets, you can plan your estate like normal. However, if you are worried about having no living relatives when you pass, your attorney can help you include a clause to redirect assets to non-relative loved ones or charity foundations to ensure your assets are used in a way you approve of.
Planning your estate can be incredibly overwhelming, which is why working with an experienced attorney from Friedman Schuman Layser is in your best interest. Our team understands that many are intimidated by estate planning, which is why we will do everything possible to help you through this process so you can rest assured knowing your estate will be distributed according to your wishes rather than being taken by the state. Contact our team today to learn how we can fight for you.
