Who Has the Upper Hand When There is No Will?

Having a will is not macabre or gruesome; it's something that a responsible adult should consider so that his or her heirs are cared for properly after they've died, and so that their wishes are respected when it comes to property and other interests.

That having been said, there is typically a surprising number of persons that go without a will every single year, meaning that their estate is tied up in probate court in order for a judge to determine who is and who is not eligible to receive that property. In some cases there is a speedy resolution to these matters but in others it might mean lengthy court arguments.

Wondering who has the upper hand when there is no will is not an easy answer, as some might expect. It's typically assumed that spouses are the first to receive the property of the deceased and this may typically be true. However, there may be room for argument if the marriage was very brief, if there was question as to the validity of the marriage, and so on.

These types of varying circumstances may be true for any and every situation when there is no will. Children may assume they get preference over business partners when it comes to shares of a business, but what if there was a legal contract within the business arrangement that addressed the death of one partner?

These types of varying circumstances are why there are courts and judges who hear all arguments from everyone that has an interest in an estate. There is no absolute determination that can be made for every single set of circumstances, which in of itself is reason for anyone and everyone to consider making and maintaining a will.

No information here is meant to take the place of legal advice. Always seek the opinion of a qualified attorney for any and all legal matters.

Contact SearcyLaw.com for more details about Searcy, Denney, Scarola, Barhart, and Shipley PA of West Palm Beach, FL.