As an estate planning law firm, we at Pike Law have encountered numerous cases where people have passed away without a will or trust. We’re often asked if there’s anything we can do post-humously, and the truth is, once someone dies without a will, it’s in the hands of the state. We always recommend that people create a will so they don’t die intestate. We can explain what this means and why it’s likely not in your best interests or that of your family to die without a will.
Understanding Intestacy Laws
In legal terms, dying without a will is known as “dying intestate.” Unfortunately, many people are not aware of the consequences of dying without a will and how it can affect their loved ones and assets. In this article, we will share everything you need to know about Pennsylvania’s intestacy laws and why it is essential to have a will.
If you pass away without a will in Pennsylvania, your assets will be distributed according to intestacy laws. This means you and your family have no control over who receives your property and possessions after your death.
Pennsylvania’s Intestacy Rules
Intestacy laws are the set of rules that determine how someone’s assets will be distributed after their death when they have no valid will or trust in place. These laws vary from state to state, and in the case of Pennsylvania, they are outlined in the Pennsylvania Consolidated Statutes Title 20 Chapter 21.
Pennsylvania’s intestacy rules determine who inherits your assets based on the family relationship between you and your closest living relatives. These laws are complex and can lead to unintended consequences. These consequences can include:
- Family and friends excluded from receiving assets as per your wishes are granted access to these assets instead
- Family and friends receiving the wrong assets
- Family and friends that you wanted to receive assets receive none or not as many as intended
Here are some key points to keep in mind:
- If you have a spouse but no children, your spouse will inherit everything.
- If you have a spouse and children, your spouse will inherit the first $30,000 of your assets and half of the remaining balance. Your children will inherit the other half.
- If you have children but no spouse, your children will inherit everything, split evenly depending on how many you have. Adopted and biological children are treated equally unless you terminated your parental rights before death for either. Stepchildren are not treated as children unless there are no other living relatives.
- If you have no spouse or children, your assets will go to your parents. If they are not alive, then it goes to siblings and other relatives.
- If you have no living relatives, your assets will go to the state of Pennsylvania.
It is important to note that these rules only apply to assets that would typically pass through a will, such as real estate and personal property. Assets with designated beneficiaries, such as life insurance policies or retirement accounts, will be distributed according to their own specific rules, regardless of intestacy laws.
Why Do You Need a Will?
A will is meant to ensure that your assets are distributed according to your wishes after your death. Without a will, you have no control over who inherits what. This can often lead to conflicts among family members and loved ones, leaving your family split in a way you likely want to avoid.
Having a will also allows you to appoint an executor who will be responsible for managing your estate and carrying out your wishes. This can be someone you trust, such as a family member or close friend, rather than a court-appointed administrator who didn’t know you at all.
Additionally, having a will allows you to name guardians for your minor children or dependents in case of your untimely death. This is especially important for parents who want to ensure that their children are taken care of by someone they trust.
Contact the Estate Planning Attorney at Pike Law For Help
As an estate planning law firm, we cannot stress enough the importance of having a will in Pennsylvania. Dying without a will can have significant consequences for your loved ones and assets. By understanding the intestacy laws and the benefits of having a will, you can ensure that your wishes are carried out and your loved ones are taken care of after your passing.If you need help creating a will or have questions about Pennsylvania’s intestacy laws, please do not hesitate to contact us at Pike Law. Our experienced estate planning attorneys are here to guide you through the process and protect your wishes.
