Younger people tend to think they do not need a will. There are many dangers associated with not having a will whether you’re in your 20’s or 80’s. When you die without a will you are considered to have died intestate. The problem with this is that the state will step in and distribute you’re property as per the statutory guidelines, and there is a great chance that the property may go to someone you did not intend it to go to if you had a choice.
For example in NY, if a married person dies intestate and leaves behind a spouse and children, the laws of intestacy dictate that the first 50,000 dollars and 50% of the estate goes to the surviving spouse and the remaining 50% goes to the children. At first, this may not seem like a problem on it’s face, however, if the estate is small, or their are many outstanding liabilities, the surviving spouse may need access to the remaining 50% to provide for the children. The state will NOT allow that spouse to access it. Furthermore, if the children are minors, they may have access to these funds as early as their 18th birthday, which may lead to reckless spending and waste due to their tender age when the money becomes accessible.
This is just one example of hundreds on the limitations and dangers associated of dying without a will. The bottom line is, when a loved one dies, its often a difficult time of uncertainty and grieving, dying without a will or a defective will, certainly complicates matters; and in some cases creates extreme hardship for those who relied on you when you were alive.
Call Cammarata Law P.C. today for a will consultation and protect yourself and family.
Joseph M. Cammarata, Esq.
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