Most people assume that if they are married, or only have one child, or are single and don’t have any children, that a Last Will and Testament isn’t necessary. Assumptions are made that “Everything will go to my wife” or “My kids will get it all.” The truth of the matter is that what someone assumes will happen to their property upon their death and what actually will happen can be two very different things. The State of Alabama (and all other states) have laws that dictate property distribution for people that die without wills (laws of intestacy to use the legal term). These laws can sometimes align with common sense (It all goes to my spouse) but often does not work itself out so neatly and easily. For instance, children under 19 in Alabama can’t inherit property outright. If there is no Will to dictate a Trust to hold the money, a conservatorship may have to be established for any minor who stands to inherit under the laws of intestacy (this is a whole other blog post situation there). My advice is to save your family and loved ones some headaches and a lot of cash by sitting down with an estate planner and discussing your options.

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