Who Inherits When There Is No Will?

During a phone call this past week I was asked if the state of Idaho would take all of his possessions if the caller died without a Will.

Fortunately, the answer is “probably not.” However, in the highly limited circumstance where there were no remaining blood, or adopted, relatives, then the answer is yes.

Unfortunately, even though the state of Idaho probably will npt take your property for itself, it WILL control who inherits your assets if you pass away without a Will.  And, often times, you will not like who they choose as your beneficiaries.

So, if you want to determine who should receive your belongings, money, and important family items, and you don’t want Idaho to make that determination for you, it is important for you to have a Last Will and Testament prepared so that you make that call.  

Additionally, making the determination of who is to serve as your Executor or Personal Representative to make sure your wishes are followed is a seemingly insignificant assignment, but more issues arise over this one issue that any other I have come into contact with. You can make this determination in your Will. If you don’t have a Will you leave your family members to squabble over who will take this role on.

If you don’t make these decisions in writing, the state will make them for you.