Dying without a will. . .
So I died without a will…. Where will my assets go? Which family members will get what?
When an individual does not have a will, property passes by a process called intestacy. Under this process, the law will distribute assets following a specific order according to state law. In Wisconsin, this order tends to give assets first to the spouse of the deceased (if married.) If the assets cannot go to the spouse, it then goes to the deceased’s children (if they have any.) The possibilities are ongoing and if a suitable relative is not identified, the assets can end up returning to the state.
If this order seems logical, you may still wonder, why do I need a will?
Why it’s better to have a will?
When an individual does not have a will, the following problems can arise:
- Unintended relatives may receive assets (including distantly related relatives)
- Relatives you intend to inherit may not end up inheriting anything at all
- A will is the only instrument a person can nominate a guardian for minor children
- Property may not pass to any loved one and can end up returning to the state
- There can be extra costs and delays
- Generally, there is no control over distribution as it is predetermined.
To avoid these problems, a properly drafted will allows you to exercise more control over who receives what, who will be legal guardians of your children, ensures smooth distribution of property, and can help avoid delays or extra expense.
What If my family knows my wishes?
Even if someone has discussed what they want done with their assets after they pass, unless there is a will, there is nothing to guarantee those wishes are fulfilled. Although individuals think family members will be amicable, it’s common for disagreements to arise. Sometimes, loved ones will act on these disagreements and may go to court for items they believe were meant to be left to them. Having a properly drafted will clearly shows the intended recipients and can prevent and help resolve family conflicts.
May 14, 2026
