Name: What happens if someone dies without a will?
Uploaded: 2019-08-06
Duration: 1 min 28 s

Wills & Probate

What happens if someone dies without a will?
- Firm Name: The Collierville Law Firm
  
  Duration: 01:28
  
  Date: 2019-08-06
  
  When people die without a will, their estate is distributed according to state law. Each state has its own rules of intestacy and inheritance, but the results are similar in most states. Under intestacy laws, most assets go to close family members first. In rare cases of no family, property passes to the state. Our estate planning attorneys can provide more detailed information about intestacy laws in your state.

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When should I start planning my estate?
- There is no specific age for starting this process; the right time to begin planning might be right now. No matter your age or circumstances, having an estate plan can minimize stress for you and reduce hardship for your loved ones after your death. An experienced estate planning attorney in your area can help you decide which tools make the most sense for you.
How long does the probate process take?
- Probate can take from a few months to several years, depending on the state’s procedural requirements, the size and complexity of the estate, and whether there are complicated legal issues to resolve — like a will contest, missing beneficiaries, or competing creditors. If you’re involved with settling an estate, a local probate attorney can help you understand your responsibilities.
Should I get a will or a trust?
- A local estate planning lawyer can help you understand which tools make the most sense for you. Contact our attorneys for help with your will or trust.
What is power of attorney?
- A power of attorney document gives someone (called your “agent” or “attorney-in-fact”) the authority to make legal, financial, or healthcare decisions on your behalf. The rules governing powers of attorney differ by state, and different types of powers of attorney accomplish different things. An estate planning lawyer in your area can answer your specific questions about powers of attorney.
Can I write my own will?
- In every state, it is legal to write your own will, but doing so is not always the best choice. Individuals who self-execute wills can wind up drafting a document that is unenforceable in whole or in part. Common problems include faulty execution, vague terms, unenforceable terms and partial intestacy. An estate planning attorney near you can provide additional guidance on how to write a valid will.

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  Collierville, Tennessee 38017
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