What Happens If I Die Without a Will?

A will is a legal document that allows you to decide how your assets will be distributed after your death, who will be in charge of administering your estate, and who will care for your minor children, if you have any at the time of your death.

There are no laws requiring you to create a will during your lifetime, and approximately 65% of Americans die without a will. So, what happens to your property if you die without a will?

When a person dies without a will, they are considered to have died “intestate.” Each state has their own intestacy laws that set out the default rules for where a person’s property will go if they die without a will. Although these laws vary by state, they generally prioritize spouses and children over other relatives, such as parents, siblings, etc..

Many married individuals believe that if they die without a will, their spouse will simply take everything in their estate; however, this is not the case in Michigan.

Under Michigan’s intestacy laws, a surviving spouse is only automatically entitled to receive the entire estate if the decedent (i.e., the person who passed away) didn’t have any surviving descendants, such as children and grandchildren, or parents at the time of their death.

For example, let’s say that John passed away without a will, and at the time of John’s passing he was survived by his wife, Jane, and his two parents. John and Jane did not have any children. Since John’s parents were alive at the time of John’s death, Jane is not automatically entitled to receive the entire estate. Instead, she may only be able to receive a portion of the estate, and John’s parents may also be able to take from John’s estate.

Many people want their property distributed differently than their state’s intestacy scheme. After all, the state is only making their best guess at what you might have wanted done with your property using a “one-size-fits-all” approach.

If you want to control who will receive your property after you pass away, consider consulting an attorney, such as myself, to assist you in creating your estate plan.

Wyatt Wells
Kimball & Wells, PLLC
Wyatt@kimballwells.com
(616) 317-8489