Why an estate plan is important

On Behalf of Marcus, Gould & Sussman, LLP | Dec 8, 2025 | Estate Planning | Creating an estate plan should is not something to be constantly put off until “later.” This is because when you clearly state your wishes, they can be followed; without a clear statement of your wishes, there may be no way to honor them after you’re gone. It’s good to know what happens when no clear instructions are left behind. When no estate plan exists, state law determines how your money and property are handled and disbursed. Here are a few key facts to keep in mind. 1. Your assets may go through probate When there’s no estate plan, all property in your name goes through probate. Probate is a court process that determines if your will is valid and that allows the person you choose to settle your debts and distributes property according to your wishes. Probate can take time, depending on how complex things are in your individual situation. During that period, the people you want to protect and benefit might not have access to what they need. Having documents in place can help simplify that process and prevent unnecessary difficulty, expense and delay. 2. The state decides who inherits your assets If there’s no will, the law, as noted, determines who receives your assets. That means property is given to family members in a fixed order based on familial relationship (spouse, children, parents and so on). If you have different preferences, there is not a way the law can be adjusted to reflect your personal choices. Only an estate plan in writing can help ensure your belongings go to the people or causes you care about most. 3. Minor children may need a guardian appointed For parents with minor children and no estate plan, the court will appoint someone to be their guardian to care for them. Although the court aims to select a responsible guardian, it may not be the person you would have chosen. Creating an estate plan helps ensure your wishes are clear and your loved ones are supported. It’s important to have experienced estate planning guidance to help put those details in writing so that everything important to you is protected.