When Someone Dies Without a Will

We have said time and time again that every adult should have a will, but nothing drives the point home like a story of what can happen when someone passes away without a will. It may seem like estate planning is something you can put off, but this story highlights the importance of putting a plan in place for your loved ones.

Doris Preston adopted a mentally handicapped boy, Deartis. That boy is now 52 years old and was Doris' only heir when she passed away five years ago. Deartis and his family are still struggling in probate court today to protect the assets Doris left behind.  

When you will leave behind family members who have special needs, careful estate planning is even more important. Because Doris did not name a guardian for her son, the probate court appointed a non-family member to be his guardian and attorney. When that person disagreed with the way Doris' siblings were managing the estate, everyone ended up in probate litigation that is still going on years later.

The family says that they will be forced to spend $215,000 of Doris' estate to pay for Deartis' court-appointed attorney. That money can no longer be used to care for Deartis.

The tragedy in this story is that we will never know with absolute certainty what Doris wanted for her son. It is entirely possible that she would have preferred to have her siblings continue to care for Deartis and make the financial decisions on his behalf. Perhaps she would have placed the funds in a trust to be administered by someone else in whom she had confidence. Either way, it is certain that she did not intend for the family and Deartis to spend years fighting in probate court.

Source: The Texas Tribune, "Families Lose Estates In Guardianship Battles," Emily Ramshaw, 16 Sept 2010