Dying without a will

If a person dies without a will, his or her property will be distributed according to state law. Generally, all community property will pass to one's spouse, and separate property will be divided between one's spouse and children. If a person dies without a spouse or children, then property will generally pass to his or her closest relatives. Dying without a will eliminates the opportunity to leave some of your assets to charity, as well the opportunity to name your preferred guardian for your minor children. More importantly, dying without a will when you have minor children may create problems. Property which passes to minor children will generally be placed in a blocked bank account by the court. The money will not be available for the children without going to court and obtaining a court order. Even then, the court will not allow the money to be used for the day to day living expenses or schooling of the child, only for extraordinary or emergency expenses. The money will automatically be distributed to the child at the age of 18. For these reasons, dying without a will is generally not a good idea when it will result in your property going directly to your minor children. It's generally a good idea to consider preparing a will with a minor's trust or a living trust in this situation.