Does Idaho get Your Property if you Pass Away Without a Will?
What happens if I die without a will? Will the state of Idaho take everything I own?
Essentially, if you pass away without a Will in the Boise area, the state of Idaho will provide one for you. The law determines who will inherit your property. If you are married and/or a parent, your possessions will be shared by your spouse and your children. If you have neither a spouse, nor any children, your property will go to your parents if they are living. If not, then to your brothers and sisters. Then to your grandparents. Then to any surviving children, grandchildren, or great grandchildren of your grandparents.
One thing the law does not dictate is who will serve as the Executor or your estate and the Guardian of your children. Any interested person can ask to be appointed to those positions after you have passed away and it will be up to the probate court to determine who it thinks will be best. So if you have people you want to see in those positions (or persons that you don’t want to see in those positions), it is imperative that you leave a Will that has been properly prepared, signed, and witnessed. This will enable your family to make sure that your wishes are carried out in the probate process and in determining who will inherit your property.
The state of Idaho will only inherit your property in the unlikely event that you have essentially no living relatives at all. But even in that case, a Will or Trust prepared by a skilled and experiences layers will be important to make sure that your possessions pass to the friends or charities of your choosing and that the Executor chosen by you is the one that will oversee the probate process.
So, whether you live in the Boise, Eagle, Meridian, or Star area of Idaho and you don’t have a will or trust, call attorney Barry Peters at 939-2600, or visit his website at http://barrypeters-law.com, to start the process of ensuring that your wishes are carried out.
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