{"id":1541,"date":"2023-03-17T01:43:57","date_gmt":"2023-03-17T01:43:57","guid":{"rendered":"https:\/\/law-oh.com\/?p=1541"},"modified":"2023-02-17T17:57:14","modified_gmt":"2023-02-17T17:57:14","slug":"comparing-having-a-will-versus-not-having-one","status":"publish","type":"post","link":"https:\/\/law-oh.com\/comparing-having-a-will-versus-not-having-one\/","title":{"rendered":"Comparing Having a Will Versus Not Having One"},"content":{"rendered":"

Thinking about death, especially your own death, can be uncomfortable. Add to that the issue of what will happen to our assets after our deaths and it\u2019s little wonder why so few people have created wills and other estate planning documents.<\/p>\n

According to a 2021 Gallup poll, only 46% of US adults have a will. This is a slight increase from 2016 when 44% had a will. Still, less than half of US adults have taken the time to create this important document. The poll also showed that older adults are more likely to have a will than younger adults. Of those polled who were over the age of 65, 76% said they have a will.<\/p>\n

Dying Without a Will<\/h1>\n

If you were to die without creating a will, a state probate court would choose an administrator to manage the probate process for your estate and choose a guardian for any minor children you have, provided the children\u2019s other biological parent is deceased or unable to care for them. The downside to this process is that the decisions the probate court and the administrator would make may not align with what you would want.<\/p>\n

Dying without a will is known as dying intestate, and it can create problems beyond state laws dictating what happens to your assets and children. When your intentions aren\u2019t known before you die, you set the stage for potential conflict among your family members and heirs. Without the will to use as a guide, the administrator has to guess what you would want and have the probate court approve it. This places an undue burden on the administrator, who is often a family member.<\/p>\n

The administrator\u2019s duties include the following:<\/p>\n