Intestacy Laws in Woodstock

When people fail to create a Will before they pass away, it can put their loved ones in an uncomfortable and difficult situation. Intestacy laws in Woodstock can be extremely confusing, and the distribution process does not always reflect your wishes.

For this reason, it is usually beneficial that you create a Will to avoid this complicated process. However, if you or your family finds yourselves going through Probate without a Will in place, you should seek legal guidance from our knowledgeable lawyers at Nelson Elder Care Law.

What is Intestacy?

Under local law, Intestacy is the process by which Assets in an Estate, that are not controlled by a Will, will be distributed. If you do not create a Will, usually a portion of your belongings will go to your spouse, children, parents, or siblings.

In Woodstock, a child is legally defined as a blood heir that has been born to someone or adopted by someone. Your children will receive a portion of your Assets depending on whether or not you have a spouse and how many children there are. If there is no spouse and multiple children, a court will split your assets equally after creditors have been paid.

Can Nonbiological Children Be Heirs?

While our team can help a child who is not biologically related to you, it is important that they can show a legal connection to you through adoption or some other legal agreement. Unfortunately, stepchildren are not considered an heir of a parent. In order for your stepchild to receive an inheritance, there needs to be a specific writing, such as a Will, that designates your property to your stepchild.

Additionally, adopted children can sometimes face obstacles in Probate. This is often due to insufficient paperwork to show that the adoption was completed in a manner that meets state requirements.

Dividing an Estate Without a Will in Woodstock

If you do not create a Last Will and Testament, then the state is in charge of how your property will be distributed to your heirs. This distribution depends on whether you have a surviving spouse, parent, or children.

Surviving Spouse without Children

If you have a surviving spouse and no children or parents, then your spouse would receive 100 percent of the proceeds after paying creditors. If you have a surviving spouse and a parent, then your belongings will all go to your spouse, not your parent.

Surviving Spouse with Children

If you have a surviving spouse and one child, then your property will be split 50-50 between your spouse and child. If your child is a minor, then their half will be overseen by a guardian ad litem through the court system or your spouse.

This can become complicated if you or your spouse have children from former relationships. Should your spouse have a child that is not your blood relative, then that child will not receive any of your belongings if you do not have a Will stating otherwise.

Any children of yours who are not the blood relatives of your surviving spouse will split your assets evenly between themselves and your spouse. If you have a lot of children, your spouse is guaranteed at least a third of your Estate. Since Intestacy can quickly become complicated, our team can provide vital guidance during these proceedings.

Discuss Intestacy Laws with Our Skilled Woodstock Attorney

Whenever there is no Will to guide the state, the Intestacy proceeding can become very overwhelming for children. In order to preserve their rights, it is important that you create a Will.

However, if your loved one passed away without a Will, you should seek guidance from our dedicated lawyers at Nelson Elder Care Law. We can help make sure your family receives their fair share under the law. Call us today.

Hear From Our Clients

“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

- Bonnie

Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.

- Hope

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

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