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"If you have some assets (maybe just a car and some nice furniture) or minor children, you still need an estate plan -- even if taxes are not an issue. "
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Consider this, the majority of Americans do not have any plan in place. They will be stuck with the government's one-size-fits-all legislated plan. Leaving important decisions up to the courts to implement, can result in a loss of control and privacy, not to mention time and legal fees. It's always sad to hear when someone who spent a lifetime to create an estate of value, and live a life in the best manner possible, become just another public court docket.
We decided "No More"! Many people never get their own plan in place because they don't know an attorney, don't have the time, or don't think they need a plan. We have eliminated all of those excuses.
Rather than having to take your time and be inconvenienced to visit with an attorney face-to-face, through the power of the internet and technology our experts bring the entire process direct to you via the internet. No waiting, no travel, no big money lawyer bills.
Instead you have the convenience to complete the interview on your time and at your leisure. No big legal bill. Software and taking the attorneys time and cost of an office out of the picture enables us to price your comprehensive Revocable Living Trust plan at a small fraction of what you would have to pay otherwise. Plus, you get far more benefits than through the traditional process and all made possible through the power of technology.
If you don't have a plan in place, the government has a one-size-fits-all plan they will impose on you. This plan is slow, expensive, and completely public. And what's worse is your assets could go to relatives that you don't even know, trust or like!
Don't let this happen to you and your family. Get a plan in place to protect your family, your assets, and your peace of mind.
Watch: Why create your custom estate plan with Family Estates Docs
Watch: The difference between a will and a revocable living trust
Privacy for you and your family is important. Most people do not know that a simple Last Will and Testament leaves you exposed. Every asset becomes public record. This complete loss of privacy often attracts unwanted attention from outsiders when families are already dealing with the loss of a loved one. With a funded Trust, you not only keep control, you keep everything private.
A Comprehensive Estate Plan has a Revocable Living Trust at its core. A trust allows you to maintain control over your assets during your life and pass them on exactly as you wish. A Trust can save your family thousands in probate costs and fees, protect your beneficiaries, and in some situations help maximize tax savings.
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The Family Estates Docs system has dozens of customization features to allow you to craft a Comprehensive Estate Plan, written by attorneys but customized by you to fit your needs. No more waiting weeks for your completed Estate Plan documents! You can download your complete plan in a matter of minutes after you finish the interview.
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- Jan from California
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When someone dies intestate—without a legal will—the state decides who inherits their property. This process can delay asset access for heirs, create conflict among family members, and may not reflect the person's true wishes.
Probate: Intestate succession also initiates probate court proceedings, which is the legal process of administering an estate when someone dies without a will. The probate process can be lengthy, complex and costly, ranging from 5% to 10% of the value of the underlying estate. This is especially true if there are disputes among family members or if the deceased had many creditors.
Intestacy laws vary from state-to-state, here are a few exmples.
In New York, if a married person dies without a will (intestate), the distribution of their estate is determined by the state's intestacy laws. If there are no surviving children, the spouse inherits the entire estate. If there are surviving children, the spouse receives the first $50,000 plus one-half of the remaining estate balance, and the children inherit the other half of the balance, split equally.
Intestacy Laws in New York for Married Individuals:
Spouse and No Children: The surviving spouse inherits the entire estate.
Spouse and Children: The surviving spouse receives the first $50,000 of the estate plus one-half of the remaining balance. The children, whether biological or adopted, inherit the other half, divided equally among them.
No Spouse, but Children: The children inherit the entire estate, divided equally among them.
No Spouse or Children: The estate is distributed to the decedent's parents, if living. If no parents survive, the estate passes to siblings, and so on, following a specific order of inheritance.
Important Considerations:
Children:
Biological and adopted children have equal inheritance rights in New York. Stepchildren do not inherit unless legally adopted by the deceased.
Exempt Assets:
New York law provides certain exemptions for the surviving spouse, including household items, religious items, a vehicle, and cash or cash equivalents, which are not included in the estate for distribution under intestacy.
Non-Probate Assets: Intestacy laws only apply to assets that are subject to probate, such as assets held in the decedent's name alone. Assets with designated beneficiaries (like life insurance or retirement accounts) or those held in joint tenancy with rights of survivorship pass directly to the beneficiary or co-owner and are not affected by intestacy laws.
In New Jersey, if a married person dies without a will (intestate), the surviving spouse's inheritance depends on whether there are surviving parents or descendants (children, grandchildren, etc.). If there are no surviving parents or descendants, the spouse inherits the entire estate. If there are surviving descendants, the spouse typically receives the first $50,000 of the estate plus one-half of the remaining balance. The descendants then divide the other half of the remaining balance equally.
Spouse and Descendants (different families):
If the deceased has a surviving spouse and children from a previous relationship, the spouse receives the first 25% of the intestate estate (but not less than $50,000 or more than $200,000), plus one-half of the balance. The children inherit the remaining portion of the estate.
In Connecticut, if a married person dies without a will (intestate), the spouse's inheritance depends on whether there are surviving descendants (children, grandchildren, etc.) and/or parents. If there are no surviving descendants or parents, the spouse inherits the entire estate. If there are surviving descendants, the spouse typically inherits a portion of the estate, potentially including a life estate in one-third of the real and personal property after debts and charges.
Here's a more detailed breakdown:
No surviving descendants or parents:
The surviving spouse inherits the entire intestate estate (all property not passing by will or other means), according to Nolo.
Surviving descendants:
The spouse typically receives a life estate in one-third of the real and personal property after debts and charges, according to the Connecticut General Statutes.
The remaining two-thirds of the estate passes to the descendants.
Surviving parents, but no descendants:
The spouse receives a portion of the estate, but the exact amount can vary depending on whether there are surviving parents.
In Florida, if a married person dies without a will (intestate), the surviving spouse's inheritance depends on whether there are surviving descendants (children, grandchildren, etc.) and if those descendants are also children of the surviving spouse. If all descendants are also children of the surviving spouse, the spouse inherits the entire estate. If there are descendants who are not also children of the surviving spouse, the spouse inherits one-half of the estate.
Siblings:
If there are no surviving spouse, descendants, or parents, the siblings and their descendants inherit the estate.
Other Relatives:
If none of the above exist, the estate may pass to grandparents, aunts, uncles, and their descendants.
Escheat:
If no relatives are found, the estate escheats (becomes the property of) the state of Florida.
Important Considerations:
Half-blood Relatives:
In cases of siblings, those of the half-blood inherit half as much as those of the whole blood.
Afterborn Heirs:
Children conceived before but born after the decedent's death are considered heirs.
In Georgia, if a married person dies without a will (intestate), the surviving spouse's inheritance depends on whether there are surviving children. If there are no children, the spouse inherits everything. If there are children, the spouse inherits at least one-third of the estate, with the children dividing the remainder.
Here's a more detailed breakdown:
Spouse and no children: The surviving spouse inherits the entire estate.
Spouse and children: The surviving spouse inherits at least one-third of the estate, and the children inherit the remaining portion, divided equally among them.
Only children (no spouse): The children inherit the entire estate, divided equally.
No spouse or children: The estate passes to the deceased's parents, or if they are deceased, to their siblings.
Important considerations:
Year's Support:
Georgia law provides a special allowance called Year's Support for the surviving spouse and minor children, which is separate from the inheritance and can be claimed in addition to the inheritance.
Joint Tenancy with Right of Survivorship:
If the deceased owned property jointly with another person, that property would automatically pass to the surviving joint owner(s), regardless of the will or intestacy laws.
Beneficiary Designations:
Assets like life insurance policies or retirement accounts with designated beneficiaries are not part of the intestate estate and are distributed according to those designations.
Disinheritance:
In Georgia, it is possible to disinherit a spouse, but it requires specific language in a will.
Marriage after will execution:
If a will was made before marriage, the marriage may revoke the will or affect its distribution, depending on the circumstances.
In Maryland, if a married person dies without a will (intestate), the surviving spouse's inheritance depends on whether there are surviving children. If there are no surviving children or grandchildren, the spouse inherits the entire estate. If there are surviving children, the spouse typically inherits $15,000 plus one-half of the remaining estate. The other half of the estate is then divided among the children.
Here's a more detailed breakdown:
No surviving children or grandchildren:
The surviving spouse inherits the entire estate.
Surviving children or grandchildren:
The surviving spouse inherits the first $15,000 of the estate plus one-half of the remaining balance. The other half is divided among the children, according to The Maryland People's Law Library.
If the children are not children of the surviving spouse:
The spouse inherits $100,000 plus one-half of the remaining estate, according to The Maryland People's Law Library.
If the children are minors:
The spouse inherits one-half of the net estate, according to The Maryland People's Law Library.
It's important to note that these are general guidelines, and specific situations may require legal interpretation. For example, if there are stepchildren involved, the distribution may differ. It is always recommended to consult with an attorney for specific advice related to your situation, according to The Maryland People's Law Library.