A family’s estate could be left in jeopardy if their head did not leave legal instructions as to how they were to be handled in their death. It is up to the local government to see how it shall be disbursed. The deceased family will be left unattended, which should not be the case. Hiring an estate lawyer to draft a plan for the distribution is always the best cause of action. This will keep your loved ones safe and reduce any chances of internal wrangles. When you find yourself heading a family; you need to do this, not just when you could be dying. Certain legal situations call for this.
Intestacy laws are the default application when there are no other legal instructions in place. Children are regarded as part of someone’s estate. The governing authorities will, therefore, decide where they end up. Your child’s future home maybe not what you would like. This is a great push for any parent to do the right thing. The death of a family head affects their surviving members in more ways than just finances.
Those who believe that estate planning is for the rich only needs to reconsider. The provisions of estate planning cut across all types of families. Many of us come from unconventional family setups. Intestacy laws only recognize the nuclear family setup. The property acquired by the head of such families will be distributed on a nuclear family basis.
They will suffer as a result.
Estate planning is also for the good of your children financially. When intestacy laws grant your children your wealth, it is treated as earnings, which their creditors can gain access to. Inheritance is also treated similarly. But when you set it up in a trust, it shall be safer, and no creditor or lawsuit payment will fleece them. The withholding of such amounts, which tend to be huge, until a later part of their lives, guarantees they will not misuse it, and will learn a fair share of responsibility before gaining access to it. The lawyer could also guide you on how to choose a suitable guardian to the wealth.
Another disadvantage of intestacy laws is the lack of a provision for charity donations. Only a lawyer whose specialty is estate planning can assist you to leave such instructions over your wealth.
When you think of how badly off your family can be in your absence, you will see the sense of calling on an estate attorney and beginning the process of instituting the necessary instructions. The process allows for amendments along the way, but it is important to have instructions in place, in the form of an estate plan.