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Commonly Asked Questions about Legal Wills for People without Children

Establishing an estate and trust plan for couples without children or with no children intended to inherit is just as critical as planning for couples with children intended to inherit, and it is equally as important to have competent counsel to draft these important legal documents.
Estate Planning Suggestions for Childless Couples It is always possible to leave assets to charity: If youre wondering what to do if you dont have heirs, try giving money to a charity that you support. Many people will give cash or assets to organizations they support to lower total estate taxes.
Understanding how inheritance laws apply in such cases is crucial for the surviving spouse. Distribution of Estate: Without Children or Descendants: When a spouse dies without children or descendants, the surviving spouse is typically the primary heir.
Who Gets What in California? If you die with:heres what happens: children but no spouse children inherit everything spouse but no children, parents, siblings, or nieces or nephews spouse inherits everything parents but no children, spouse, or siblings parents inherit everything7 more rows
In addition to stipulating what to do with your financial assets, those without obvious heirs should designate a person who can make critical decisions in case of incapacitation: A durable power of attorney for finances, for example, authorizes someone to handle your financial and legal affairs.
Inheritance hierarchy If none of those relatives can be identified, your assets could go to parents, grandparents, siblings, nephews, niecesor even the state. With no will or next of kin, your assets become escheatedwhich is just a fancy way of saying the state lays claim to them, Bob says.
Primogeniture (/ˌpraɪməˈdʒɛnɪtʃər, -oʊ-/) is the right, by law or custom, of the firstborn legitimate child to inherit the parents entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relative.
Many people without children or heirs leave money to their favorite charities, although in some cases, its more tax advantageous to do so during ones lifetime in order to maximize deductions.