If you dont make a will, who gets your stuff when you die?

Usually your “next of kin”. Who qualifies for that depends on what state you live in. Usually your spouse, kids, parents, and/or siblings. (LIke I said, depends on the state). But the government gets it first, because it has to go through probate, which can take like years. This is according to my mom. She obsesses about telling me about her will and how important it is. (creepy, right?)

my parents.

@La_chica_gomela Life is short. maybe she’s trying to prepare/warn you about something…

gosh, no kidding?

And what’s with the sudden interest in mortality tennesseejac?

See a lawyer.

Probate law decides. Which means your lawyer and courts get most of the money.

@tennesseejac. Be on the safe side and make a will and then put me in it. I swear I’ll take great care of your stuff. You can trust me. ;o)

I get it all.

Ebay lol. Na actually idk good question.

Make a will!

It depends on the state you live in. Some states take no real interest in it unless there’s a disagreement among the heirs; other states dictate, in some cases, how much is reasonable for each person to inherit, even in the case where there’s a will.

Generally speaking…

Spouse 50%, kids split the other 50. If no spouse, kids split it up. If no kids, spouse gets it all. If no kids or spouse, then parents, siblings, cousins to the whatever degree, and so forth. If you die and have no descendants in some states the State gets it. It depends on the State, and also community property states rules can be very different than those of title property states.

This distribution is done via a probate administration, which again can be tightly structured and costly, or not depending on the State and individual circumstances. Start throwing in 2nd and 3rd spouses, stepchildren, half-siblings, and creditors and you need calculus to figure it all out.

That’s about it. So just make a simple will and be happy, cuz you won’t be taking anything with you.

@Standswithacane: that may be the case in the state you’re in, but it’s by no means universal.

@cwilbur: you are correct. I never meant to suggest otherwise, only to illustrate a common distribution scheme, as most States have very similar ones. But, as I mentioned, my crude example was a “general” one, and every State is different.

Better still would be to give all your stuff away to someone in need before you go. It’s only a matter of timing.

There’s a bunch of cheap legal services. I hear legalzoom.com advertise on the radio all the time. I think the ad says they can make a legally binding will for $40 because you do most of the work yourself. A lawyer would be much more expensive.

Some of you are saying that the law varies from state to state. I’m going to go out on a limb here and guess that tennesseejac is from Tennessee. What’s the law in that state?