Leading estate planning lawyer founder of the Law Offices of Robert H. Brumfield, P.C., in Bakersfield, CA discusses dying intestate, urging early estate planning to avoid complications. For more information please visit https://www.brumfieldlawgroup.com
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A person who dies without leaving a will could inadvertently set off a complicated chain of consequences that could affect family and loved ones, said California Estate Planning Attorney Robert Brumfield.
For more information please visit https://www.brumfieldlawgroup.com
Irrespective of whether a person has left a will or not, their estate will be subject to a process called probate. This essentially ensures their assets, such as property and savings, are distributed to beneficiaries while debts and taxes are settled.
However, someone dying without making a will or having no estate plan in place will have their estate subject to that state's intestate process, and assets will be distributed according to intestate succession laws.
Brumfield said that a probate court judge will oversee the administration process and ultimately decide on the estate.
When a person dies without a will, the court can still appoint someone to act as a personal representative, and typically, any interested party can petition the court to serve as a personal representative.
This person will have the same duties and responsibilities as a named personal representative or executor in a will. It is common for an heir at law, such as a child of the deceased or a surviving spouse, to petition the probate court to be named a personal representative and start the process.
When identifying the beneficiaries of an estate without a will, the court will utilize state laws on intestate succession to identify classes of heirs and the share of the estate they are entitled to inherit. These laws may vary by state.
The founder of the Law Offices of Robert H. Brumfield, P.C. asserted that once an estate's final debts are paid, the most common heirs to the remaining estate are spouses, children, parents, and siblings. Closer relatives will receive an inheritance before distant relatives.
Intestate succession laws would specify more distant relatives if the deceased had no immediate family member heirs. These might include aunts, uncles, and cousins. For blended families, such as families with adopted children, half-siblings, or children from prior marriages, the intestate succession laws can become particularly complex.
Friends and charities are omitted from intestate succession laws. If there are no surviving family members, the entire estate goes to the state.
He highlighted that a probate court overseeing this process can have two significant benefits: it can prevent inter-family distress from bubbling up, as the probate judge, not the personal administrator, will make final decisions based on intestate succession rules. Secondly, the process may reduce the deadline for a creditor to make a claim against the estate.
Unless property and assets, such as cars and accounts, were jointly owned or had a named beneficiary, the change of ownership, title, and even financial matters would have to be subject to the probate court's process.
Brumfield said: "While the probate court ensures the process is lawfully resolved, it also addresses rising legal issues."
When it comes to minors, usually the surviving parent will get custody. However, if the parents have passed away, the court will likely seek out close family members or someone who can best protect the children's interests to become guardians. If no one is available, the children may be fostered if they become wards of the state.
"While dying without a will is not uncommon," concluded Brumfield, "the clear message here is to get advice from an experienced estate planning attorney and begin the estate planning journey early. It will set clear guidelines on how you want your assets distributed and to whom."
Source: http://RecommendedExperts.biz
Contact Info:
Name: Robert H Brumfield
Email: Send Email
Organization: Law Offices of Robert H. Brumfield, P.C.
Address: 1810 Westwind Drive, Suite 100, Bakersfield, CA 93301
Phone: 661-464-7770
Website: https://www.brumfieldlawgroup.com
Release ID: 89133826
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