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Jeff SchultFeatures

Death Without A Will

Despite superstitions to the contrary, you will not die from drafting a will. But your intended beneficiaries might never collect a nickel of their inheritance if you don't. Furthermore, if you die Intestate (without a will), relatives you wished to exclude from inheriting your assets might be able to lay claim to them. Friends, lovers and favorite charities will be shut out completely. You labored long and hard to amass an estate. Why let state statutes determine its distribution after your death?

State by state, Laws of Intestate Succession prescribe the distribution of a decedent's assets among relatives. In Connecticut intestacy statutes prescribe the following:

After payment of debts, taxes, administrative expenses, court fees and a reasonable support allowance to the surviving spouse during settlement of the estate:

the surviving spouse takes:

  1. the entire estate, if there are no surviving children (includes children in wedlock, out of wedlock or adopted - or descendants of those children, if deceased) or parent (s) of the decedent.
  2. the first $100,000 plus three-quarters of the balance of the estate, if there are surviving parents but no surviving children (or their descendants).
  3. the first $100,000 plus half the estate if there are surviving children of the decedent, all of whom are children of the surviving spouse.
  4. half of the estate, if there are surviving children of the decedent, one or more of whom are not children of the surviving spouse.
  5. After distribution has been made to the surviving spouse, the remainder of the estate is distributed in equal proportions among the children.
  6. If there is no spouse, the entire estate goes to the children.
  7. If there is no spouse or children, all goes to the parent(s) of the deceased.
  8. If there is no parent(s), spouse or children, all goes to brothers and sisters of the deceased.
  9. If there is no parent(s), spouse, children or brothers and sisters, all goes to the next of kin.
  10. If there is no next of kin, all goes to the stepchildren.
  11. When no relative of an estate can be found, the state takes the estate by escheat, which is the act of a king or lord of the manor taking back what is his by feudal law, a practice harking back to the 14th century which still applies to us today.

When you draw up a Will, you specify:

  • distribution of real and personal property to named people or organizations, in exact amounts or percentages
  • guardianship of minor children (the state will appoint a guardian if you die intestate)
  • executor of the estate
  • amount of assets to be used for care, custody, maintenance and education of minor children.
  • payment of debts and taxes.

A friend of mine owns a large home in Colorado. She is a single woman without children who says she wants to leave her house to a church for its missionaries. A generous bequest, to be sure, but mere conversations with the Bishop won't make it happen. Family members have urged her to put her wishes in writing, which she repeatedly promises to do. Without a will, however, Colorado intestacy statutes will determine the disposition of her assets. That could easily lead to the sale of her property for proportionate distribution of its value to her relatives. Certainly not what she intended!

So bury your superstitions and procrastinate no longer. Consult an attorney to make sure your final wishes are honored -- in writing. Once you've created a will, you can easily amend it if your wishes change. You will rest easier, knowing that your affairs are in order. And, honestly, it won't kill you.

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