Death Without a Will: What Happens?

by | May 18, 2018 | Uncategorized | 0 comments

In approximately 40% of the probate proceedings that we handle, the person who passed away neglected to leave a Last Will and Testament.

So, what happens in those cases?

The answer is that the state of Idaho essentially dictates the outcome.

Idaho law determines both who is to inherit the property and possessions left behind and who is allowed to serve as the Executor of the estate.

Unfortunately, sometimes the person by whom the estate is administered and those to whom the property and possessions are to pass are not those desired by the person who passed away.

Indeed, sometimes the property and possessions pass to last persons in the world to whom the deceased person would have wanted his or her things to go.

To avoid this painful outcome, it is imperative that each adult have his or her own Last Will and Testament.  Even better, setting up a Family Trust can not only insure that one’s property and possessions pass to the desired persons, but it can also spare the family from going through the time-consuming and expensive probate process itself.


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Daniel Patchin

Benjamin Monaghan, Attorney

Benjamin Monaghan