What happens if I don't have an estate plan?
If you do not have an estate plan in place, the state of Delaware will make decisions on how to distribute your assets in the event of your death. In Delaware, this is done according to the rules of "intestacy," which are set up by the state to ensure that all assets are transferred to rightful beneficiaries. In an intestate situation, all assets are split between your surviving spouse and children, and if there are none, then the inheritance is divided among other family members according to a predetermined order. Additionally, the state of Delaware will appoint someone to act as the executor of your estate, who is responsible for gathering and distributing all assets. If you do not have an estate plan in place, you are also unable to have any say in who will care for your minor children or make medical decisions for you if you are incapacitated. Additionally, without an estate plan, you will have no say as to the distribution of charitable donations or trusts that you may wish to make after your death. Overall, it is always important to have an estate plan in place to ensure that your wishes are carried out after your death. Without an estate plan, decisions will be made by the state with no consideration for your desires or your family’s needs.
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