Word of the Month: Intestate

Word of the Month: Intestate

By Melinda Gustafson Gervasi

June 14, 2024

At first glance you may have thought this month's word to define was interstate.  We all have road trips on our minds as we dive into the heart of summer.  However, the word this month is intestate, meaning to die without leaving a valid will.  Over the years I have commented frequently on the fact that the laws governing estate planning and probate are state specific.  Each state legislature writes its own laws.  While there are common aspects to this area of law, you will find variation as you cross state lines.

Here in my home state of Wisconsin there is a statutory plan for what happens to a person's assets if they die without a valid will.  We call them the Intestacy Statutes and they can be found in Wis. Statutes, Chapter 852Chapter 852, where assets pass according to your next of kin. If you are a visual learner, check out this chart those shows next of kin relationships chart those shows next of kin relationships. 

Saying you died without a will may be technically correct.  However, if you never make the time to say where you want your assets to go at death, there is a plan already in place for Wisconsin residents, as noted above.  Our statutes make an assumption that you want them to go to your relatives.  Sometimes this true, many times it is not.  Writing an estate plan is about taking control of the situation.  You create a will (or sometimes a trust) to nominate someone to be in charge of your final affairs (called a Personal Representative in Wisconsin, an Executor in other states) and distribute your assets that did not have a beneficiary form or co-owner.  

As you are tempted by the lovely summer weather and consider putting off doing an estate plan, perhaps the power of taking control of the situation will be your motivation to get this task done now.  Or perhaps you need to go out, live it up, and circle back to this task once the dark and gray skies of November roll into Wisconsin.  Until then, the laws of intestacy are in place.

Remember that a blog is not legal advice, but a way to spark thought and reflection.  Always consult an attorney in your home state for advice specific to your situation.  Thank you for reading, and be well.