If I Don’t Have a Will, Does the State Take My Property?
Heidi AdairHeidi Adair
Answer:
No, if you don’t have a Will the State of Indiana essentially makes a Will for you through its intestate succession statute. This statute dictates who will receive your property if you die without a Will. The intent behind it is to distribute your property to your family. The State only receives your property if every avenue of the statute is taken and no person has been found.
The general succession of the statute is spouse and children, other descendants, parents, siblings, grandparents, aunts/uncles, cousins and on through the family tree. It is extremely unlikely that after going through your entire family tree that there would be no one to take your property.
However, the best plan is to have a valid Will to help you accomplish your desires for your property. Intestate law is difficult to navigate and can unintentionally be more harmful than helpful in estate planning. It is important to speak with an attorney to ensure your wishes are carried out the way you want.
