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Dying Without a Will HUGE Estate Planning Mistakes Explained!
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Categories:Legal / Estate Planning
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Let's say someone has no will, nothing.
They just pass away with assets. What
happens? And I'm bringing this out
because this will help us understand
even more why estate planning is so
important. So,
>> Sure. Yeah.
>> So, that that if someone passes away
without a will, let's say they did no
estate planning at all, they don't have
a will. Um, that is called passing away
intestate. Okay? Passing away without a
will. And it obviously depends if
they're let's take a a husband and wife
and unfortunately this comes up husband
and wife one of them passes away um and
they don't have a will in place and a
will could have said that all my assets
would go to my surviving spouse. Okay.
Without a will, the laws of intestate,
meaning the laws of passing away without
a will, um, are that the surviving
spouse would get $50,000 plus half of
the estate and the children would get
the other half of the estate. Um, where
that becomes problematic is number one,
if that wasn't your intention, your
intention was to leave everything to
your surviving spouse. And number two is
if you have minor children, they are now
the recipient of half of the estate. Um,
which becomes problematic. If they're
minors, they need a guardian. The court
gets involved and a lot of hurdles are
experienced as a result of not having a
will.