Leaving your possessions behind

| Mar 2, 2021 | Estate Planning |

Many people in Colorado craft a will to include personal possessions or money that can be left behind for family and friends when they die. This isn’t a requirement, but it does tend to make the process of dividing your belongings a bit easier. Keep in mind a few things that could happen if you don’t file a will so that you make the best decision for your family.

Intestate

If you die without a will, then it’s considered being in intestate. This doesn’t mean that your belongings will go to another state or that there will be a debate between two states over who gets your belongings. It means that the laws in your county or state will be used to determine how your belongings are divided. These items include your home, any pets you might have, and vehicles.

Assigning a representative

The probate process of planning begins if you die without a will. The closest relative is usually assigned the task of dividing your possessions. This person tends to be the spouse, but it could be children or parents if you’re not married when you die. Your assets will usually be frozen by the court until a representative is named who has your best interests in mind. If you have children, then your spouse will likely have full custody unless they are the result of another relationship. In that situation, the parent of your children will have an opportunity to obtain custody.

When you begin the process of planning your will, an attorney can help you look at the possessions that you have and who you want to include. Once the will is complete, your attorney can file the will with the court.