Don't Let Intestacy Turn Your Home Into a House of Horrors

Don't Let Intestacy Turn Your Home Into a House of Horrors

By Melinda Gustafson Gervasi

October 31, 2025

October ends with chilly nights, colorful costumes, and plentiful jump scares. But what truly sends a shiver down this attorney's spine is not a cackling witch or shadows in the night—it is the loss of control that happens far too often in the lives of my clients and their families.

When the unexpected happens—a debilitating illness or a sudden death—chaos engulfs a family. Wishes and good intentions become irrelevant. Instead, state statutes spring into action, seizing a person’s ability to control who is in charge and where assets will go.

Estate planning boils down to control. If you do not draft your own estate plan, one likely exists for you, embedded in state statutes, written by your legislature. Chances are you will not agree with it entirely. The state’s statutory distribution plan often ignores your unmarried life partner, beloved stepchildren, or the charity you hold dear, as it exclusively favors blood relatives.

Learn from the chilling tale of Carl and Sharon, and understand how quickly a beloved home can turn into a House of Horrors.  Partnered for 30 years, Carl and Sharon spent a life together renovating a Victorian Gothic . Carl had purchased the home a few years before meeting Sharon, and over three decades they shared the financial burden of the renovations, creating countless happy memories along the way. Never married, and never becoming parents, the couple never formalized their relationship or the shared investment in the property. Neither of them completed a will or other legal document to direct the property to Sharon upon Carl’s death. While it was always on their to-do list, it never got crossed off.

Sadly, one rainy night in November, a drunk driver crossed the center line, slamming into Carl’s trusty Honda. Carl was pronounced dead at the scene of the accident. Sharon was blindsided by Carl’s sudden death, but she was also grieving while realizing she had no legal right to stay in the home they had shared for 30 years.

Under State Statutes, Carl’s surviving brother Robert, his closest living relative, became the sole legal heir to his estate. Robert and Carl were estranged since leaving their childhood home. Yet, under the law, Robert would inherit Carl’s house and other probate assets (assets with no co-owner or named beneficiary). Robert, in desperate need of the sudden windfall Carl’s death had provided, quickly took action to claim what the law stated was his. Sharon, who had invested 30 years of her life in that home, was left realizing she had no legal right to stay. The lack of an estate plan turned their beloved house into a house of horrors.

Halloween and jump scares are fun because we know they aren't real. Carl and Sharon’s story, however, illustrates a true horror—one that is entirely preventable.  Estate planning, including powers of attorney, a will, and proper beneficiary reviews, is the silver bullet against legal chaos. These documents allow you to control who inherits and who makes decisions on your behalf if you become incapacitated. When you fail to take action, your state statutes will speak for you, often creating profound hardship for the people you love most but are not legally bound to.

A classic from my childhood -- something Halloween that doesn't cause me a scare

Thank you for reading.  Remember, a blog is not legal advice.  It is meant to spark thought and reflection.  Please consult an attorney in your state for advice specific to your situation.  If you enjoy this post, consider sharing it on your favorite social media platform.  You can also enter your email, upper right, and receive notice when new posts go live.  Be well!