Whether or not a person has a Will, assets remaining in their name will have to go through probate. If someone passes away without a Last Will and Testament, their probateable assets are distributed according to statute – usually to their spouse and kids. Although assets will pass to heirs without a Will, division and distribution may be different than intended. For example, most married clients want all assets passed only to their surviving spouse. If there is no Will, the assets are split between their spouse and children.
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