John E. Kerley, Attorney at Law, P.C.
  • Home
  • About
    • John Kerley
  • Practice Areas
    • Estate Planning And Administration
    • Business Ownership And Estate Planning
    • Elder Law
    • SSI And Medicaid Planning
    • Guardianships
    • Powers Of Attorney And Living Wills
    • Probate And Estate Administration
    • Trusts
    • Wills
  • Blog
  • Contact
  • Springfield Law Office

Call For A Consultation

217-814-0148
John E. Kerley, Attorney at Law, P.C.
  • Home
  • About
    • John Kerley
  • Practice Areas
    • Estate Planning And Administration
    • Business Ownership And Estate Planning
    • Elder Law
    • SSI And Medicaid Planning
    • Guardianships
    • Powers Of Attorney And Living Wills
    • Probate And Estate Administration
    • Trusts
    • Wills
  • Blog
  • Contact
  • Springfield Law Office

Email

CALL
Estate Planning Built Around Your Family
Attorney John Kerley
  1. Home
  2.  » 
  3. Estate Planning
  4.  » 
  5. What is the problem with dying without a will?

What is the problem with dying without a will?

On Behalf of Kerley & Talken PC | Oct 27, 2022 | Estate Planning

Many of us know that it is important to have a will, even if we have not executed one yet. Still, if you die without a will you will be considered to have died intestate, and your estate will be subject to state intestacy laws. This can be problematic, as it leaves no room for your personal preferences or the preferences of your loved ones.

Intestacy and the executor

If you die intestate, the court will assign a person to serve as executor of your estate. An executor is the person who takes your estate through the probate process.

Who the court chooses as executor depends on many factors. What if the chosen executor lives in another state? They will have to travel to the state where the estate is being probated. And, what if the executor is not the person you would have chosen to fulfill this role? They will be burdened with settling your affairs whether they or you would have liked to.

Intestacy and inheritance

If you die intestate, your estate will be divided between your heirs based on state laws referred to as intestate succession. Generally, this includes leaving some to a surviving spouse and/or surviving children, and then other relations if there is no surviving spouse or surviving child.

Still, what if this means your beloved grandchildren are left without an inheritance? Or what if one of your children have problems with handling money responsibly? You may wish to leave something to more distant relations and friends or you may wish to put a condition on an inheritance, such as graduating college or attending an addiction recovery program. If you do not leave a will, the state will not take these extenuating factors into account; it will only consider state intestate succession laws.

As this shows, there are good reasons not to put off executing a will. A will is sometimes the only thing that serves as your voice once you pass away. Do not leave crucial estate planning decisions up to the state — execute a will before it is too late.

 

Recent Posts

  • How Springfield executors can prevent future estate disputes
  • What red flags should you watch out for with an executor?
  • The role of irrevocable trusts in Illinois Medicaid planning
  • What if your executor dies before you?
  • Why every adult needs an estate plan—not just the wealthy

Categories

  • Estate Planning
  • Firm News

Archives

Subscribe To This Blog’s Feed

Estate planning done right means one less thing to worry about.

Ready To Plan Ahead?

John E. Kerley, Attorney at Law, P.C.

Address

431 S. Grand Ave West
Springfield, IL 62704
Springfield Office
John E. Kerley, Attorney at Law, P.C.
  • Follow
  • Follow
  • Follow

Phone

217-814-0148
Review Us

© 2026 John E. Kerley, Attorney at Law P.C. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw