Bric Magazine

General Blog

Home

Handling Estate Legally in case of No Will

When an estate or property holder dies with legal will, it brings in complex and stressful situations for the rest of the family. This is the case because the estate of the death person then comes into intestacy laws which vary a lot. Further if any of the legal obligations are not followed, it gets very complicated to distribute the asset.

Guidance from the legal attorney in such a case is the only solution and to make that happen you can schedule a free initial consultation. It is not said that the matter will be resolved in one call. But the initial call will give you an idea to move a step forward. If you are taking a Will lightly then you should read the consequences list.

Consequences in case of No Will

Succession by Intestate:

If the designated will isn’t there the state will follow intestate succession law to determine how to distribute the assets. Here the law will prioritise the close relatives then the other members of the family. In close relatives mostly spouses and children are included. As the deceased cannot say how to distribute the assets, therefore a lawyer’s support will be needed to explain the intestate succession and then apply to the specific situation.

Involvement of Administrator:

Without a legal and valid Will, the court will appoint the legal administrator that will manage your estate. As per laws the close relative will be the administrator who will take estate distribution in his hands completely. He or she will be completely responsible for settling debts, clearing taxes and then distributing the assets as per the intestate succession laws.

Disputes:

When the share is not mentioned about the estate there are high chances of conflict because of property wants and difference of opinions. With the wrong direction there will be severe conflicts among the family members. It will strain your relationship and make the matter lengthy and very costly. When no one is at one point, the potential heirs may challenge the administrator’s decision as to the validity of the intestate succession claims.

Final Consequence

As the distribution ratio is not mentioned the probate will happen. When probate comes into the picture it becomes very time-consuming and delays in asset distribution. Lawyer will do the comprehensive evaluation in the asset and liabilities and file the petition in the probate court. This is a time-consuming process involving multiple steps to adhere by and comply. As the probate comes into the picture there is no way to move out and resolve. Things have to be done as per the probate rules to have the estate.