WHY IS ESTATE PLANNING MORE IMPORTANT FOR UNMARRIED INDIVIDUALS AND ONLY CHILDREN?

My parents, like most older parents, believe that having a will or an estate plan is somehow saying that they are ready for death.  The truth couldn’t be more further from the truth.  If someone dies without a will, it's called an ‘intestate estate’.  In which case, the heirs of the decedent will be determined according to a state statute, often called a ‘Statute of Descent and Distribution.’  The statute outlines who gets what; from spouse, to children, to siblings, to parents and grandparents.  They often even allocate certain shares in the event there are several competing heirs. 

Unmarried Individuals and those without brothers and sisters beware!  As they approach a seasoned age, their heirs and descendants are aging as well.  If their closest heirs predecease them, then the number of close and preferred competing heirs leave the pool of candidates.  And, more remote and ‘less familiar’ family members enter the pool of candidates.   

Believe it or not, intestate estates are public record and constantly monitored by professional genealogists, who use their skills to evaluate family trees and sell their findings to databases, marketers and yes, even attorneys.  In the world of money and death, it’s not terribly uncommon that a family member that has never met the decedent, come forward and assert a claim against an estate.  Sometimes, these claims are successful.  And, can even wipe out a first cousin who is competing against a half blood uncle claiming a closer statutory relationship through a grandfather that was married several times and fathered children by both wives (half-bloods take the same as whole-bloods in Massachusetts).  The simple result is that dead people’s money doesn’t always go where they intend it to go, or in the alternative. where it should go.  As a last resort, monies can escheat to the state.

Plan now for your future.  Consult a legal professional about a will or planning for your future. If you have any questions, please feel free to contact us anytime.


Jonathan J. Moriarty, Esq.

Law Office of Jonathan J. Moriarty

53 South Main Street, Ste. 3

Randolph, MA 02368

Telephone: (781) 961-2200

Facsimile: (781) 961-0017

Email: jjmoriarty@verizon.net

Website: http://www.attorneymoriarty.com