What happens if a parent does not leave a will?
What happens if a parent does not leave a will?
Not having a will is an oversight that could have serious consequences. If a parent dies without a will, the surviving parent (whether one or both) may be required to pay estate taxes and take over managing the assets of the estate. Some states allow an unmarried partner to be named as executor/administrator of an estate, but others do not.
If there are minor children involved, guardianship might need to be determined. Some personal belongings will likely be distributed according to the child's age and gender, but what happens with personal property that doesn't fall into such categories? Should one sibling get everything, or should siblings share equally in the inheritance? What happens if there are no living siblings? What about children from previous marriages--should they be included in the will? In short, it can be hard for survivors to figure out what to do when a parent does not leave a will.
Some state laws say that children under 18 are entitled to a portion of their deceased parent's estate. The details and percentages vary by state, but generally speaking, the older a child is and the closer they are to their parents, the more they're likely to get. In all states, though, a person who is not related to the deceased will not receive any inheritance if there is no will, or if they are not named in the will.
If parents do not have a will, then the court will decide how to divide up their assets between all of their children. The court considers several factors when deciding this—such as who the children are, and how close they were to their parents—but ultimately, it comes down to one thing: who needs it most? Usually that means younger children or those who have been dependents of their parents. The way it breaks down depends on your state law and your parents' own wishes in life. For example, some states say that if your siblings are financially secure enough to provide for themselves without help from your parents' estate, then they won't be entitled to any of it.
If you have any questions or in need an Estate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
