Passing without a will
intestate succession
When someone dies without a will in Pennsylvania, their property is distributed according to the state’s intestate succession laws. Many people assume that if they pass away, their spouse will automatically inherit everything. However, this is not always the case, and the reality often surprises families. If you die and are survived by your spouse and children from the marriage, your spouse receives the first $30,000 of your estate, plus half of the remaining assets. The other half is divided equally among your children. This can be unexpected for those who assume the entire estate will automatically go to their spouse.
If you are survived by your spouse but have no children or parents, your spouse will inherit everything. However, if you have children from a different relationship, your spouse only receives half of the estate, with the remainder going to your children. When there is no spouse or children, the estate may pass to parents, siblings, or more distant relatives. Without a will, the state, not you, decides how your assets are distributed, which can lead to unintended consequences and potential disputes among family members.
Creating a will allows you to clearly outline how your assets should be distributed and ensures that your wishes are honored. It also allows you to appoint a guardian for minor children, minimize potential family conflicts, and protect your assets. By working with an experienced estate planning attorney, you can take control of your estate and make sure your property goes to the people you care about most. Don’t leave the fate of your estate to chance – take the necessary steps to create a will and provide peace of mind for you and your loved ones.
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