• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Levine, Furman & Rubin, LLC

East Brunswick Estate Planning Attorneys

Attend a Free Seminar 732-238-6000
  • Home
  • Our Firm
    • Advantages of Working With Our Firm
    • Attorneys and Staff Profiles
    • Communities We Serve
      • Mercer County
      • Monmouth County
        • Freehold Township
      • Middlesex County
        • East Brunswick
        • Edison
        • Monroe Township
        • Old Bridge Township
      • Ocean County
        • Jackson Township
        • Lakewood
    • Founding Attorneys
    • Multimedia
    • News & Events
    • Our Services
    • Speaker Connection
  • how we can help
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Wealth Planning
    • LGBTQ Estate Planning
    • Loss of a Loved One
    • Special Needs Planning
    • SECURE Act
    • Trust Administration & Probate
  • elder law
    • Caregiver Guidance
    • Coping With Alzheimer’s
    • Medicaid Planning
    • Veteran’s Benefits
  • Seminars
  • RESOURCES
    • DocuBank
    • Educational-Alerts
    • Elder Law Reports
    • Estate Planning Articles
      • The Importance of Retirement Planning
      • Reasons to Create a Living Trust
      • What to Include in Your Will
    • Estate Administration Consult Form
    • Newsletters
    • Pre-Consultation Form
    • Reports
    • Special Needs Resources
    • Trust Administration And Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Blog
  • Contact Us
Home » Blog » Gone Too Soon – What Happens When You Die Without A Will

Gone Too Soon – What Happens When You Die Without A Will

July 26, 2010 by Roger Levine, Estate Planning Attorney

It happens all too often, a person passes away unexpectedly and they do not have a valid will (or Living Trust which we will talk about in our next blog). In the legal world, this is known as dying “intestate.” What happens to the property of the deceased if they die intestate? You might be surprised.

Without a valid Will to dictate how property is distributed, the courts take over and divide the property according to state law. This distribution will normally included the most immediate family members – spouse and children for example – but how the property is divided and who gets what might not always be what you wanted.

In addition, the court will ensure that any debts of the deceased are paid before property is distributed and if assets need to be sold to pay those debts, the court will order that as well. If you didn’t leave a Will to specify which assets should be sold, the court will opt for the most practical assets. This may not be the most beneficial option for your heirs.

The administration process can take weeks or months or even longer, as the court will need to be supplied with a list of assets, including real estate, personal property, stocks and investments, and as we mentioned before, liabilities. Until the administration process is complete, the assets cannot be distributed, creating a potential hardship for family members. Often, a performance bond will be required of the Administrator and that could be costly.

While estates with a Will are probated, the process is often much smoother and even shorter. Because a valid Will is already in place, probate may just involve ratifying, or certifying, that the Will is valid and confirming the executor so that he or she can then begin inventorying assets and notifying beneficiaries.

Obviously, having a valid Will is an important step in the estate planning process. To learn more about drafting a Will, give us a call today.

  • Author
  • Recent Posts
Roger Levine, Estate Planning Attorney
Roger Levine, Estate Planning Attorney
Roger N. Levine is a co-founder of the East Brunswick, New Jersey law firm of Levine, Furman & Rubin, LLC.
Roger Levine, Estate Planning Attorney
Latest posts by Roger Levine, Estate Planning Attorney (see all)
  • Benefits of Choosing a Nursing Home in Advance - July 5, 2022
  • You Say You Don’t Need An Estate Plan? - June 24, 2022
  • Estate Planning: Have You Provided For Your Pet? - June 20, 2022

Primary Sidebar

Levine, Furman & Rubin, LLC

Levine, Furman & Rubin, LLC

Newsletter Subscription

Sign up for our Newsletter below.

Blog Subscription

Sign up to receive the latest scoop on estate planning!

FOLLOW US

  • Facebook
  • Instagram
  • LinkedIn
  • Pinterest
  • Twitter
  • YouTube

WHERE WE ARE

East Brunswick (Main Office)
F-3 Brier Hill Ct.
East Brunswick, NJ 08816
Phone: (732) 238-6000
Fax: (732) 238-6055

MAP

Map

SATELLITE OFFICE

Jackson (Satellite Office)
19 N County Line Road Suite 3
Jackson, NJ 08527
Phone: (732) 238-6000
Fax: (732) 238-6055

OFFICE HOURS

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Footer

Levine, Furman & Rubin, LLC

Levine, Furman & Rubin, LLC

Levine, Furman & Rubin, LLC

East Brunswick (Main Office)
F-3 Brier Hill Ct.
East Brunswick, NJ 08816
Phone: (732) 238-6000
Fax: (732) 238-6055

Map/Location

Map

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Jackson (Satellite Office)

19 N County Line Road Suite 3
Jackson, NJ 08527
Phone: (732) 238-6000
Fax: (732) 238-6055
Map

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM
  • Facebook
  • Instagram
  • LinkedIn
  • Pinterest
  • Twitter
  • YouTube

The information on this website is for general information purposes only. Nothing on this or associated
pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This
information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
Privacy Policy | Terms of Service | Disclaimer | Site Map | Levine, Furman & Rubin, LLC.
Copyright © 2023 American Academy of Estate Planning Attorneys | All Rights Reserved.