Most people know they should have an estate plan, but many put it off, assuming it’s only necessary later in life or for those with significant assets. The truth is, estate planning is about much more than money. It’s about making sure your wishes are followed, your loved ones are protected, and your voice is heard…even when you’re no longer able to speak for yourself.
So, what actually happens if you don’t have an estate plan? The answer: the state steps in, and it might not be what you’d want.
1. The Courts Decide Who Gets What
If you pass away without a will or trust (called dying intestate), state law dictates who inherits your property. This may not reflect your true wishes. For example:
-
A surviving spouse might have to split the estate with your children.
-
Unmarried partners, stepchildren, or close friends will receive nothing unless they’re specifically named.
-
Minor children may inherit outright, without protections in place for how or when they receive assets.
You lose the ability to control who gets what, how much, and when—and your loved ones may face delays and unnecessary expenses in probate court.
2. There’s No One Legally Appointed to Help If You’re Incapacitated
Estate planning isn’t just about what happens after death. It’s also about what happens if you’re alive but unable to make decisions due to illness or injury.
Without:
-
A Health Care Directive or Power of Attorney, your family may not be able to make medical or financial decisions on your behalf.
-
Loved ones may have to go through the public, time-consuming guardianship process in court.
-
Disagreements between family members can cause emotional and legal conflict at an already difficult time.
3. Your Children’s Future May Be Unclear
If you have minor children and haven’t named a guardian in your estate plan, a judge (not you) will decide who raises them. This decision may not align with your values or wishes. A simple planning document can give you peace of mind knowing that the people you trust most are ready to step in if needed.
4. Your Estate May Be Subject to Unnecessary Costs or Delays
Without careful planning, your estate may:
-
Be subject to higher taxes
-
Face probate delays and legal fees
-
Create stress and confusion for your loved ones
Proper planning helps preserve your legacy and streamline the process for those you leave behind.
An Estate Plan Is a Gift to Your Family
Estate planning is not just a legal task. It’s an act of love. It ensures your affairs are in order, your children and assets are protected, and your voice guides decisions even when you can’t be there.
At Shepherd Elder Law Group, we help individuals and families create thoughtful, personalized estate plans whether you’re starting from scratch or updating old documents. Let us help you protect what matters most.
Schedule a Conversation Today
Don’t wait for a crisis to get your affairs in order. Contact us today to schedule your confidential estate planning consultation. The best time to plan is before you need it.
Recent Comments