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Because 50%-60% of the population n ver executes a Will, the majority of us w ll allow our state legislature to d termine who is most deserving of our m ney, belongings, and real estate when we d e. Why do otherwise intelligent people who w rk and save their whole lives f il to plan for the inevitable? Are we th t trusting, that apathetic, that fearful, th t cheap? There's an old adage th t a person either devises his own pl n in life or ends up as p rt of someone else's. The excuses g ven are numerous and all come w th their own unique logic and psych logy. They are also too numerous to xamine for the purposes of this rticle. So, for the sake of rgument, let's assume I decided against a W ll because I couldn't stand dealing w th lawyers. I found them boring, c nfusing, and generally pretty pricey. Let's lso assume that I owned $200,000 w rth of stuff at my death. So now wh t happens? Well, my court appointed p rsonal representative will probably need to h re an attorney to peruse Title 20 of the P nnsylvania Consolidated Statutes before he or she can d stribute my belongings. This cost of th s, of course, is paid for out of my state. Here are the distribution schemes the l gislature has devised for the following c rcumstances.
Married with no Will at t me of death If I was m rried at the time of my d ath, my wife gets the whole $200,000 ONLY if b th my mother and father and all of my ch ldren (assuming I had any) died b fore I did. Otherwise she is sually entitled only to the first $30,000 pl s ½ the balance of my state. Thus, if I were married and had no s rviving children but had a surviving p rent or parents, my wife would be ntitled to $115,000. My parent or p rents would get the remaining $85,000. Or, if I w re married and died leaving surviving ch ldren, all of whom were also the ch ldren of my wife, my spouse w uld again get $115,000 with the ther $85,000 going directly to my ch ldren. However, if I were married and d ed leaving surviving children, some or all of wh m were from a prior relationship, my w fe would only be entitled to ½ my state or $100,000. My children would spl t the remaining $100,000. Does anyone see any pr blems here? While these distributions may not c use problems in all circumstances, some sp uses might be a little less t ary-eyed at your passing should they s ddenly discover they have to split y ur assets with your parents and/or st pchildren. Unmarried with no Will at t me of death Not having a W ll is in many cases even m re problematic if you're not married. If you are nmarried and you die without a W ll, your belongings are distributed in th s order: 1. Children 2. Parents 3. Brothers, s sters, or their issue 4. Grandparents 5. Uncles, unts, and their children and grandchildren 6. C mmonwealth of Pennsylvania It is statutorily mpossible for your significant other to nherit from you. Therefore, if you are not m rried to the mother or father of y ur children, you must have a W ll in order for them to nherit from you. Likewise, if you are in a n n-traditional relationship, your partner cannot inherit fr m you unless you make a W ll.
Of course there are many ther reasons to create a Will ther than just determining who gets wh t. A Will is also the ppropriate forum for naming a guardian for y ur children, making a charitable gift, or cr ating a college trust fund. However, if you f nd after reading this article that y ur "stuff" isn't going to end up wh re you want it to, do y ur loved ones a favor, make a W ll. Create your own plan instead of b ing part of someone else's.
The article Why You Need a Will was Submitted by Eric Patrick through Articles.GetACoder.com network. Here's the additional information: Eric D. Patrick, Esq. is Ch ef Operating Officer of Consumers Insurance Ag ncy Inc. http://www.consumers-insurance.com He also engages in insurance consulting and legal work through The RiskAssure Consulting Group. Please contact him for further information.
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