Having a family member or friend pass away unexpectedly can be shocking and devastating. In addition to emotional burdens, the unexpected death of an individual can also leave behind complicated inheritance situations.
Here is what to do when an individual dies without a will.
Get a Lawyer
First, you’ll likely want to get an asset protection attorney to help you work through the legal processes of inheritance and estate management. There can be a lot of legal hoops that you’ll need to jump through as you try to sort out the inheritance issues of your loved one, so a lawyer from a reputable probate law firm can be an invaluable source of knowledge and help.
You can even work with a lawyer that specializes in inheritance law and estate planning issues. If you’re going to try to recover any of the assets or belongings of the deceased individual, hiring a lawyer is an essential step.
Go Through Probate Court
Another step you’ll likely need to take when your loved one dies without a will is to go through probate court. The probate process attempts to settle a deceased person’s estate. The probate court will organize and appraise all of the assets and property of the deceased individual, including their home estate.
They’ll help to settle any outstanding taxes or debts in a legal and organized manner. Going through the probate administration process will potentially help you to regain ownership of some of the property that you should have inherited if your loved one had written a will. However, be aware that the probate process can take anywhere from a few months to a few years.
Research Relative Inheritance Laws
When one of your family members passes away without leaving a will, make sure you research relative inheritance laws. Depending on where you live, there could be laws that determine that the family members of the deceased person can inherit their belongings, even if a will or trust hasn’t been left behind. However, make sure you understand the limitations of those laws as they apply to the family format of the deceased person. For example, if the person was married, their surviving spouse will likely inherit many of their possessions. If the deceased person wasn’t married but was cohabitating, their partner might not be able to inherit any of their possessions as the law may not recognize their partnership as legally binding. It can be helpful to work with a lawyer to know how these laws work and could benefit your family.
So, if you’ve recently had a friend or family member pass away unexpectedly, remember this article to know how to proceed without a will. You should get a lawyer, go through probate court, and/or research relative inheritance laws. These might not be the only steps you’ll need to take, but they can direct you to know how to manage the estate of your loved one who has passed on.
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