If you are married, you may assume you will get everything if your spouse passes away. Here in Georgia, if your spouse doesn’t have a Will that may not actually be true.
Why? Because your spouse died intestate. (a.k.a. without a Will).
There are special rules that apply when someone dies without a will. These laws seriously seem like a 4th grade word problem. This word problem then determines how much a widow or widower receives. Which is not what people actually expect to happen when they lose their spouse.
What does this really look like for a family?
Let’s use my family as an example.
My husband and I have 2 kids jointly. He dies without a will. I get 1/3 of his estate and each of our kids gets 1/3 of his estate.
Now let’s pretend my husband has a child from a previous relationship AND he and I then have two children together. I get 1/3 of his estate. My husband’s three kids (two from me and one from a previous relationship) will then divide equally the remaining 2/3 of his estate.
This gets even more complicated if any of the children are under the age of 18 & even more complicated depending on what types of things (also called assets) end up being in my husband’s estate.
Do not rely on the 4th-grade math problem to decide what is best for your family.
Do not allow this system of laws, created over hundreds of years, to decide how you want to parent and use monies to raise your children.
If you and your spouse do not have a Will, call us for a complimentary 45-minute consultation to see if an estate plan will protect your choices as to who receives what when you pass away and how that money may be used to help your family.
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