This question is often raised to me and I always answer YES! I had 2 situations recently where there was no will and it would have been very helpful to the family.
In one case, the family sued the nursing home for the wrongful death of their loved one. They won!! Now, what? Who is entitled to the award? In order to sue for wrongful death, an estate has to be opened which is referred to as probate. If there is no will, the state's intestate laws determines who will receive the award. This may include individuals who did not even pursue the litigation. Was that the intent of the decedent?
In the other case, the person who died had an interest in real estate in Florida, prime property. There was no will and in this case the interest in the real estate goes to the 4 surviving children, 2 of which have been estranged from the family for years. Title to this land will remain unresolved until the daughters can be located, if even still living. Was that the intent of the decedent?
Let you intent be known. Contact us at http://www.ythlaw.com/ and have you will done today.
In one case, the family sued the nursing home for the wrongful death of their loved one. They won!! Now, what? Who is entitled to the award? In order to sue for wrongful death, an estate has to be opened which is referred to as probate. If there is no will, the state's intestate laws determines who will receive the award. This may include individuals who did not even pursue the litigation. Was that the intent of the decedent?
In the other case, the person who died had an interest in real estate in Florida, prime property. There was no will and in this case the interest in the real estate goes to the 4 surviving children, 2 of which have been estranged from the family for years. Title to this land will remain unresolved until the daughters can be located, if even still living. Was that the intent of the decedent?
Let you intent be known. Contact us at http://www.ythlaw.com/ and have you will done today.
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