Keeping my Property from the State?

Keeping my Property from the State?

I’m occasionally asked whether the property of a person who passes away without a Will simply goes to the state.

The answer is:  Rarely.

Instead the state effectively creates a Will for that person.  Specific statutes dictate who will inherit a person’s property in the absence of a Last Will and Testament.

The list starts with a surviving spouse, if there is one.  Next are children.  Then parents.  Then surviving siblings.  And on down the family tree.

The problem with this one-size-fits-all approach is that it often includes people that the person who passed away would have wanted to preclude from inheriting his property.

In that case, the only way to be certain that your wishes are fully followed is to have a Last Will and Testament or a Family Trust/Living Trust prepared and properly signed.

Preparing such documents puts you back in control of your destiny.


Author: Barry Peters. For additional easy-to-understand information on Wills, Trusts, and Probate, call attorney Barry Peters’ offices at (208) 939-2600 for your expedited appointment for a FREE OFFICE CONSULTATION or visit his Q & A pages at As always, your total satisfaction is guaranteed by Barry Peters, Attorney at Law, where all clients receive individual attention to the details of their unique circumstances.

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