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There’s an old adage that a person either devises his own plan in life
or ends up as part of someone else’s. Because 50%-60% of the population
never executes a Will, the majority of us will allow our state
legislature to determine who is most deserving of our money, belongings,
and real estate when we die. Why do otherwise intelligent people who
work and save their whole lives fail to plan for the inevitable? Are we
that trusting, that apathetic, that fearful, that cheap?
The excuses given are many and all come packaged with their own unique
psychology and logic. They are also too numerous to examine for the
purposes of this article. So, for the sake of argument, let’s assume I
decided against a Will because I couldn’t stand dealing with lawyers. I
found them confusing, expensive, and generally disagreeable. Let’s also
assume that I owned $200,000 worth of stuff at my death.
So now what happens? Well, my court appointed personal representative
will probably need to hire an attorney to peruse Title 20 of the
Pennsylvania Consolidated Statutes before he or she can distribute my
belongings. This cost of this, of course, is paid for out of my
estate. Here are the distribution schemes the legislature has devised
for the following circumstances.
Married with no Will at time of death
If I was married at the time of my death, my wife gets the whole
$200,000 ONLY if both my mother and father and all of my children
(assuming I had any) died before I did. Otherwise she is usually
entitled only to the first $30,000 plus ½ the balance of my estate.
Thus, if I were married and had no surviving children but had a
surviving parent or parents, my wife would be entitled to $115,000. My
parent or parents would get the remaining $85,000.
Or, if I were married and died leaving surviving children, all of whom
were also the children of my wife, my spouse would again get $115,000
with the other $85,000 going directly to my children.
However, if I were married and died leaving surviving children, some or
all of whom were from a prior relationship, my wife would only be
entitled to ½ my estate or $100,000. My children would split the
remaining $100,000.
Does anyone see any problems here? While these distributions may not
cause problems in all circumstances, some spouses might be a little less
teary-eyed at your passing should they suddenly discover they have to
split your assets with your parents and/or stepchildren.
Unmarried with no Will at time of death
Not having a Will is in many cases even more problematic if you’re not
married. If you are unmarried and you die without a Will, your
belongings are distributed in this order:
1. Children
2. Parents
3. Brothers, sisters, or their issue
4. Grandparents
5. Uncles, aunts, and their children and grandchildren
6. Commonwealth of Pennsylvania
It is statutorily impossible for your significant other to inherit from
you. Therefore, if you are not married to the mother or father of your
children, you must have a Will in order for them to inherit from you.
Likewise, if you are in a non-traditional relationship, your partner
cannot inherit from you unless you make a Will.
Of course there are many other reasons to create a Will other than just
determining who gets what. A Will is also the appropriate forum for
naming a guardian for your children, making a charitable gift, or
creating a college trust fund. However, if you find after reading this
article that your “stuff” isn’t going to end up where you want it to, do
your loved ones a favor, make a Will. Create your own plan instead of
being part of someone else’s.
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