Taking the time, money, and mental effort to create a will can seem like a burden- but it is essential to protect your family’s future interest. You worked hard for the property you acquired through life and you want to make sure it gets in the right hands. By drafting a will that clearly states your intentions, you will save your family a lot of headache and potential conflict in the future.
What happens if someone dies without a will? Without knowing the intent of the deceased, the property is distributed according to statutory regulation. This happens through a process called probate, where the court guides the process of distributing property. With a well drafted Will, this process can go fairly smoothly, with the court simply following the deceased wishes. Without a Will, this process can become overly burdensome and lengthy for the family.
Generally, for those who die without a Will, Iowa’s probate code works from closest connection to furthest, prioritizing the spouse and children first. This takes the power to make decisions away from the family and makes the property subject to statutory control. Further, if you don’t have any traceable or locatable family, your property goes to the state.
In addition to the benefit of controlling where property goes, Wills also give you the ability to name an executor who you trust to uphold your wishes and name a guardian for your child. Without a will, it is likely that you have never had the opportunity to meet with your executor or guardian to make your intentions known.
To avoid a messy probate process and ensure that your true wishes for your family are met in the future, it is important to draft a clear and intentional Will. The attorneys at Simpson, Jensen, Abels, Fisher & Bouslog, P.C. are experienced in handling complex estate issues and drafting wills. Contact us at (515) 288-5000 to discuss your Will with our firm.
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