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Dying Without a Will in Fairfax

It is never too early to contact an established wills attorney about writing a will. Wills must be written while an individual has the requisite capacity to complete the document. Wills are meant to be organic and can be updated throughout a decedent’s lifetime while they are alive and have the required capacity. All individuals over the age of 18, regardless of the personal wealth, or family dynamic could benefit from creating a Last Will and Testament so that their wishes can be met. Contact a lawyer as soon as possible to avoid the consequences of dying without a will in Fairfax.

Associated Costs with Property Administration in the Absence of a Will

If there is no will then the estate would be administered pursuant to the laws of intestacy. If common estate administration expenses include funeral and burial costs, tax preparation fees, attorneys’ fees and any final expenses or debts of the estate. In most cases, the absence of a Will can lead to additional expenses since the decedent did not execute an estate plan to provide for the smooth distribution of assets prior to death.

What are the Disadvantages of Dying Without a Will?

If a person dies without an existing will then the estate would be administered pursuant to the laws of intestacy and as mentioned before, if a person is married, the assets would go the spouse, if the person was not married and had children, the assets would go to the children and if there is no spouse and no children, it would go to the decedent’s parent, if no parents, it would go to siblings and if no sibling then it would go the nieces and nephews. The estate would still be administered and people could still receive assets from the estate but the person’s wishes would not be specifically expressed so then they of course cannot be followed.

The main disadvantage of dying without a will in Fairfax is not having a person’s specific wishes expressed in a document that then be followed upon their death. If a person had specific siblings or family members that he wanted to ensure to not receive any assets from their estate or alternatively had family members that they specifically do not want to serve as executor or potentially guardian of their minor children, those wishes could be expressed in a Last Will and Testament. If the individual dies without a Last Will and Testament, then the laws of intestacy govern the distribution regardless of the individual’s wishes.

Steps to Avoid Dying Without a Will

It could be beneficial to speak with an attorney to begin the wills process. Finding an attorney who feels comfortable with informing you of the disadvantages of dying without a will in Fairfax could be the most important step to having the peace of mind that their affairs are in order in the event of an unexpected death.

Ultimately, an attorney works to draft the document that expresses the testator’s wishes. An attorney will also supervise the signing of the document to ensure that the will is created to comply with the laws of the Commonwealth of Virginia.