Creating a will is an essential part of protecting your family, loved ones, and pets from unnecessary stress and uncertainty. Without a will, the state takes control of major decisions regarding your assets, children, and even your cherished pets. This scenario often leaves grieving families with additional burdens and legal battles.
When someone passes away without a will, the probate court determines who receives their assets and who will care for any minor children. While laws in community property states like California ensure spouses are entitled to a share of community property, this doesn’t guarantee all assets will be distributed as you intended. In some cases, assets with no designated beneficiaries may end up in the state’s unclaimed property department, leaving your loved ones empty-handed.
Your pets, in particular, are at risk. Without specific instructions in a will or a pet trust, even the most well-meaning family members aren’t legally obligated to care for your animals. Shelters are often flooded with senior pets left behind after their owners pass away, and these animals are less likely to be adopted than younger ones. A pet trust allows you to set aside funds for their care and designate a trusted guardian, ensuring their comfort and well-being.
For families, the situation can be even more complicated. If both parents pass away without naming a guardian in a will, the court decides who will raise your children. This can lead to family disputes, legal fees, and emotional strain—an outcome no parent would want for their kids.
Digital assets like cryptocurrency also require careful planning. Without proper documentation, your family may never be able to access these assets. Additionally, beneficiary designations on accounts such as 401(k)s or retirement plans should be reviewed periodically, as they override directions stated in a will.
Having a comprehensive estate plan—including a will, trusts, and necessary legal documents like powers of attorney—is the best way to protect your family and ensure your wishes are honored. An estate planning attorney can help you create a plan tailored to your unique circumstances, covering every detail from asset distribution to pet care.
At The Werner Law Firm, we provide compassionate and knowledgeable guidance to ensure your loved ones are protected and your wishes respected. Our experienced estate planning attorneys are here to help you create a plan that gives you peace of mind and secures your legacy.
If you have any questions, schedule a free appointment with us through our online appointment page.
You can also read reviews from some of the hundreds of clients we have helped over the years.
Reference: Barron’s (Dec. 6, 2024) “What Happens if You Die Without a Will? You Could Leave Heirs—and Pets—With Even More Grief”
Founded in 1975 by L. Rob Werner, The Werner Law Firm and our dedicated attorneys are available for clients, friends, and family members to receive the legal help they need and deserve. You can trust in our experience and reputation to help navigate you through your unique legal matters.
Hiring a lawyer can be a daunting task, but it doesn’t have to be. From the moment you contact our firm, through the final resolution of your matter, our goal is to make the process easy and understandable. Through our Werner Law Firm Difference, our goal is to have you feel like a burden was lifted from your shoulders, and that we made the whole process an easy one
If you’re looking into taking care of your estate planning, we urge you to schedule a free initial appointment today and join the many satisfied clients who have contacted Werner Law Firm.
