Why Intestate Succession Could Undermine Your Estate Planning Goals

Secure Your Estate with Proactive Estate Planning

Estate planning is more than just paperwork—it's a vital process that helps protect your assets, reflect your wishes, and provide financial security for your loved ones. Surprisingly, many individuals delay making a will, leaving their legacy at the mercy of intestate succession.

If you pass away without a will, your assets go through intestate succession—a state-mandated process that dictates who inherits your estate, often in ways that don’t align with your personal wishes. At Kemeny, Ramp & Renaud, LLC, our estate planning attorneys help clients avoid these pitfalls, ensuring their legacies are safeguarded and their families protected.

What Is Intestate Succession?

Intestate succession occurs when a person dies without a valid will, leading to state laws dictating how their assets are divided. In New Jersey, the distribution of assets typically favors immediate family members. This process follows a predetermined formula based on New Jersey state law, which may not reflect the decedent’s specific desires.

This legal framework can introduce unwanted beneficiaries into the equation. For example, imagine a scenario where you wished to leave a family heirloom to a sibling but, under intestate laws, that item is given to a child or spouse instead. Additionally, not all assets fall under intestate succession. Jointly owned properties, those with designated beneficiaries (like IRAs and life insurance), and trust-held funds bypass this process.

Who Controls Your Estate If You Die Without a Will?

In the absence of a will, a court will appoint an estate administrator—someone who may not have been your first choice—to handle the distribution of your assets. Unlike an executor chosen by you, this court-appointed individual may lack knowledge about your preferences and relationships, which raises the potential for conflicts among heirs.

When the court appoints someone, they may not have insight into the dynamics of your family. For instance, if you had a close relationship with a cousin and wished for them to inherit a portion of your estate, this individual might never be considered by the administrator, leading to family disputes. Furthermore, the administrator is often required to secure a bond. This action not only reveals financial details about your estate but can also result in a significant additional unanticipated expense.

Creating a legally valid will allows you to select someone you trust to manage your estate, minimizing conflict and ensuring swift distribution during an exceptionally emotional time.

Who Inherits Under New Jersey Intestate Succession Laws?

New Jersey law establishes a fixed inheritance hierarchy:

• If there’s a surviving spouse and all descendants are from that marriage, the spouse inherits everything.

  
  

• If there are children from different relationships, the estate is divided among the spouse and children.

  
  

• If there’s no spouse, the estate goes to children, parents, siblings, or distant relatives, following a strict order.

One major drawback of intestate succession is that it excludes individuals who may have played significant roles in your life. For instance:

❌ Unmarried partners may receive nothing. ❌ Stepchildren without legal adoption are typically excluded. ❌ Charitable organizations and close friends will not inherit unless explicitly named in a will.

If your estate includes specific distribution preferences, such as leaving assets to a charitable cause or ensuring stepchildren are included, intestate succession will not honor those wishes—making estate planning essential

The Hidden Risks of Skipping a Will

Failing to draft a will can lead to financial, emotional, and legal complications for your loved ones, including:

⚠️ Family Conflicts & Disputes – Inheritance disagreements can cause lasting damage to relationships, particularly in blended families. ⚠️ High Probate Costs & Delays – Legal proceedings become lengthy and expensive, delaying asset distribution. ⚠️ Unintended Beneficiaries – Assets may end up with estranged relatives instead of those closest to you. ⚠️ Mismanagement of Inheritances – Minors or financially inexperienced heirs may struggle to manage assets effectively. ⚠️ Court-Appointed Guardianship – If you have minor children, the court decides their guardianship, which may not align with your preferred choice.

Estate planning avoids these risks, ensuring that your hard-earned assets are distributed on your terms.

The Importance of a Will in Estate Planning

A well-thought-out will acts as a clear guide for your loved ones and the court. It empowers you to decide who inherits specific assets, from sentimental belongings to substantial financial investments. This clarity not only honors your wishes but also reduces the likelihood of conflicts among heirs.

For those with minor children, a will is indispensable for naming guardians and ensuring your children are cared for according to your wishes. This aspect transcends financial matters; it encompasses the legacy and future security of your family.

Proactive Estate Planning Strategies

The complications of intestate succession highlight the need for proactive estate planning. Working with an experienced estate planning attorney can help you navigate state laws and create a strategy that aligns with your needs and values.

Effective strategies include:

1. Creating a Comprehensive Estate Plan: A robust plan includes wills, trusts, and medical directives. Tailoring it to address various aspects, like tax implications and asset distribution, ensures all your wishes are met.

   
   

2. Periodic Review of Your Plan: Life changes—like marriage or the birth of a child—can impact your estate plan. Review your will every few years, or more frequently after major life events, to keep your directives current and reflective of your situation.

   
   

Active participation in these strategies fosters a well-rounded estate plan, preserving your legacy and providing peace of mind for both you and your family.

Secure Your Legacy Today – Contact Our Estate Planning Attorneys

Intestate succession has the potential to disrupt your estate planning goals and misalign your legacy in ways that do not reflect your wishes. The consequences of dying without a will create unnecessary stress for your loved ones, leading to disputes and delays in accessing what is rightfully theirs.

At Kemeny, Ramp & Renaud, LLC, we help individuals and families create legally sound estate plans that safeguard their assets and provide peace of mind. Our services include:

✅ Wills & Trusts – Secure your estate with customized legal instruments.

✅ Estate Administration – Reduce delays and ensure smooth transitions.

✅ Litigation Support for Estate Disputes – Protect your rights in inheritance conflicts.

Contact Kemeny, Ramp & Renaud, LLC to learn more about the estate planning services offered by our attorneys.