For most parents, thinking about death is too much to ask for. Most parents prefer not to think about it. Why? Simply because nobody wants to die. But the truth of the matter is that all of us have to die one day or the other.
What if you die without a will? A legal document that explains the distribution of your estate among your offspring. In the United States, if a parent or a guardian dies without a will, the deceased heirs will have to knock on the door of the courts.
They will have to justify their shares as the heirs of the deceased. As a result, the court will then legally decide the distribution of the estate according to the law.
Now, the real problem is that if you die without a will, your kids will have to go through complex court procedures. For instance, if you have under 18 kids and you die without a will, they can not simply take over your estate. Instead, they will have to go through complex trials before getting their share in your estate. Therefore, it would be an ideal case scenario if you leave a legal document behind – describing the fair distribution of your estate among your heirs – before you die. As a result, your offspring will leave a peaceful life after your death.
However, it is essential to note here that there are different laws about the distribution of the estate in the U.S. if the parents die without a will. In Ontario, for instance, if you die without a will, all of your estates will automatically go down to the co-owner. Of course, this co-owner can only be a spouse – either wife or husband.
Similarly, if you die without a will and have kids and a spouse, one-third of your estate will go to your spouse. And the remaining two-thirds will be distributed among your children accordingly.
Why Leaving Behind A Will is Inevitable for American Parents?
This is where things get complicated and the need for a will comes up. If you want your estate to be distributed in a different way, you should mention it in a will – before you die.
Another benefit of having a will in place is that you can decide on a guardian for your children – who will look after your minor children. Now, you should mention this in the will in pristinely clear words.
On the flip side, if you have a will and you have not assigned a guardian for your minor children the court will take over. The legal system of your territory will decide on a guardian for your kids.
So, it is extremely parents for parents to make a will before they die. As a result, their kids will have a peaceful after their death.