What Happens If You Die Without a Will?

BY MARY CAMPBELL

Beloved actor Chadwick Boseman, star of Marvel’s iconic Black Panther, died in 2020 at 43 from colon cancer. Although he knew for some time that he was dying, he did not make a will. His estate was split evenly between his widow and his parents, following a legal process called “intestacy” – the rules governing someone’s estate if they don’t have a will.

Boseman was one of around 66% of Americans who didn’t make a will before he died.

You know you should make a will, but you never seem to be able to drum up much enthusiasm for the idea. It seems like a big, complicated pain-in-the-butt undertaking and you’re not planning on dying anytime soon anyway. You know that lawyers cost a fortune, and who knows if you really can legally use one of those online will kits? Differing opinions abound. So, you wonder, what does happen if you don’t make a will? Can the government really take all your possessions that the bank doesn’t already own most of?

The short answer is probably not.

Unless you are truly completely alone in the world with no blood ties whatsoever, there is likely a relative somewhere that is eligible to inherit, if they can be found. In fact, British television has aired a program called Heir Hunters, which is described as “a series following the work of heir hunters, probate detectives looking for distant relatives of people who have died without making a will”. In the U.S., private investigation firms will attempt to find a potential heir, but someone presumably must hire them before they will begin to look. Of course, if the estate is large, anyone may undertake to find lost relatives in hopes of receiving a commission for the information from a grateful heir. In the end though, it is possible that if an heir cannot be found after a reasonable length of time has passed, then yes, eventually your estate will escheat (pass) to the appropriate governing body.

However, for an average individual with no shortage of relatives in line to legally inherit your worldly goods, the application of the relevant inheritance laws certainly doesn’t mean that your estate will be distributed in a manner that you would approve of. Intestacy (the legal term for dying without a will) laws vary widely, depending on where you live. Your spouse, for instance, may find that the laws of your state are not altogether favourable to him or her when you have children involved, perhaps from a previous marriage. Common law and same sex partners may or may not be recognized as eligible to inherit. A close relative you cannot stand the sight of may be first in line if you have no spouse or children. Read our informative website at www.willsandestates.nyc

Finally, it is important to note that in addition to the disposition of your estate, regardless of the value, your will also functions as the vehicle through which you will make your final wishes known. You will appoint a trusted executor/executrix to a position of authority to administer your final wishes, which may include instructions for your desired funeral arrangements and interment, the distribution of personal items of great sentimental but minimal monetary value, or your choice of a guardian for continued on page 3

Forever Legacy/ continued from page 1 be passed along through generations, and the best way to express these is by telling stories of their memorable and outstanding deeds. It can even challenge the living to uphold the 'family name or history.'

Forever Legacy Afterlife Messages

However, for many people, the relationship with a loved one ends when the person dies. But this is now changing, as bereaved persons within the family or friends are discovering new means of keeping the memories alive and even remaining in contact, even though one end of the conversation is from a deceased person that has moved on.

Various stories abound of individuals who have been communicating with dead family members, who send them messages. These messages are prerecorded, written, or spoken, addressing some issues they could not talk about or conversations they couldn't have while alive. They also come in the form of expressing true feelings, which helps the deceased or even the grieving person unburden their mind, and in some cases, motivates them to work harder in honor of the dead.

Experts who have researched the process of mourning and grief care explain that due to weaker interpersonal relationships, as society changes from community living into an individualistic lifestyle, many people face loneliness when their few loved ones pass away. For these people, such death makes the loss very tough, so people are restoring ties with dead people through social media and digital platforms.

Technology is Changing the Dynamics

Many countries, including the United States, are using artificial intelligence to imitate conversations between the deceased person and their living family members. Different applications have been reported, including those that allow people to create incarnations of themselves that can keep a conversation going post-mortem. Examples include apps that upload many hours of interviews and songs with the dead person.

There are other examples of digital platforms which change how people cele- brate life and the afterlife. The platform allows users to have access anytime, anywhere, and the ability to share voice recordings of a loved one in response to occasions, events, or things. These recordings are made available to family and friends in the present and the future generations yet unborn.

These platforms also have the option for digital photo albums, which focus on celebrations. It enables the user to generate a nicely designed album of pictures within minutes celebrating various memorable occasions such as engagements, weddings, christenings, birthdays, and holidays for those special occasions to remember loved ones for a long time.

In some instances, the platforms do all the work for the subscriber by putting together the digital album by recording audio and video messages to keep the memories alive.

Yet despite these advantages, some aspects of the various technological innovation in grief care have been criticized. Observers say it can become counterproductive if the grieving process is not allowed to happen naturally and becomes delayed or prolonged.

However, when used appropriately, these digital innovations can serve as a practical aid for keeping memories and storing family histories that enrich the lives of living family members.

Ultimately, that is what really counts!p

Dying Without a Will/ continued

from page 2 are left to deal with the legal technicalities on their own.

Changes in Tax Laws

It can be hard to stay up-to-date on constantly changing tax laws, but it’s necessary to keep your final document in good legal standing. Especially if your will takes actions to address estate tax issues, it’s a good idea to receive periodic reviews by an attorney.

Ask

for Advice

A will is your ironclad way to disperse your assets to loved ones as you wish. Don’t be afraid to ask your legal expert for advice on other moments that may benefit your last will and testament. Remember, this document is incredibly important to keep accurate as it articulates your vision and solidifies your legacy.p