What Happens If You Don’t Have a Will? 3 Risks to Consider

November 12, 2025

Planning for the future can often seem daunting, especially when it involves contemplating your own mortality. However, creating a will with the guidance of a qualified will lawyer is an essential step to ensure that your assets are distributed according to your wishes after you pass away. Unfortunately, many people neglect this crucial task, leaving their loved ones potentially entangled in legal complexities during an already difficult time. In this blog post, we will explore some of the significant risks of not having a will and why consulting a will lawyer is vital, regardless of your financial situation.


Leaving Your Estate Up to State Laws


One of the most pressing risks of dying without a will is the potential for your estate to be distributed according to state laws, rather than your personal preferences. This process, known as intestate succession, often prioritizes spouses and children, but may not account for more specific bequests you would have wanted. Without a written will drafted with the assistance of a will lawyer, the state decides what happens to your property, which can create disputes among family members and may leave out individuals or organizations that were important to you.


Assuming You Don't Need a Will


Another risk is the common misconception that only those with substantial assets need a will. According to Caring.com, 40% of Americans believe they don't have enough assets to justify making a will. However, a will doesn't only deal with financial assets, and it can also specify who will take custody of minor children or pets. Additionally, it allows you to appoint an executor, someone you trust to carry out your wishes, rather than leaving that decision up to the court. A will lawyer can guide you in making these critical decisions to ensure your wishes are legally enforceable.


Facing Lengthy and Costly Probate


The absence of a will can also lead to lengthy, expensive probate processes that deplete the estate's value. When courts are left to decide asset distribution, the process can be drawn out, increasing legal fees and sometimes causing family tensions. These delays and expenses could ultimately prevent your loved ones from receiving their inheritance promptly, potentially creating financial hardships at an emotionally challenging time.


While it's understandable to delay thinking about a will, the risks of not having one can have serious implications for those left behind. Regardless of your financial situation, consulting a will lawyer to create a comprehensive will ensures that your wishes are respected and can provide peace of mind for both you and your loved ones. Don't wait until it's too late and take steps today to secure your legacy and the future of those you care about. For more information about the services that we offer, reach out to our incredible team at Marino Law P.C. today!

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