Question 1: What if I die without a Will?

Question 1: What if I die 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, the state of Idaho provides 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.  The state will only inherit your property in the unlikely event that you have essentially no living relatives at all. 
  • For additional information on this topic, see blog discussion here.

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