What happens when you die without a Will?

by Attorney Nathan Begley

Good Advice Law

When making an important decision, it's important to know your options. Often clients who come to me for estate planning ask me "What would happen if I died right now without a Will?"  To which I give the time-honored attorney caveat "It depends." In this particular case, it depends on what you own, whose name is on it, and who is alive when you pass on.

To explain further, let me tell you about Probate in Oregon. Probate is the process by which we ascertain who owns an asset when the true owner has died. When an asset has no living person's name on it, we look to a person's Will for instructions on where it should go. If there is no Will, the government will create a Will for you using the laws of intestacy. 

Now, the laws of intestacy are like a box store t-shirt in that they are made to cover everyone, so they don't really "fit" anyone. Because justice is blind, the laws cannot see if your next of kin is who you wanted to inherit your assets. 

There are many reasons you may want to avoid that one-size-fits-all approach. For instance, I had a client whose son had joined a cult and given all his money to the cult leadership. She came to me because she knew if she passed without a Will, the money would go to her son and then he'd give it to the cult.

 Another person I tried to help was too far gone to sign anything in the throes of liver failure from alcoholism. The tragedy, in that case, was the next of kin who inherited her house was her abusive older brother whose cruelty she had drank to forget. This is not the system that I would trust my legacy to. 

The good news is that we only go through an intestate probate if there is no other way. Probate can be avoided entirely, saving your family thousands of dollars and months to years of their lives spent in probate court. You have a chance now to make sure your Estate Plan matches your goals and values and that your legacy is honored and respected by those who you choose to bestow it upon. Make an appointment with an Estate Planning Attorney today to find out how to best ensure that your hard-earned money doesn't end up in the wrong hands.