What Happens to Everything You Own If You Don’t Have a Plan?
Estate planning often feels like something you can put off—something for “someday.” But the truth is, none of us can predict what the future holds. And if you never get around to creating a plan, someone else will make the decisions for you.
If You Don’t Create a Plan, the State Will Create One for You
In California and many other states, if you pass away without a will or trust, your estate doesn’t just sit in limbo—it goes through probate, a public, court-supervised process that can take a year or longer. And during that time, your assets are frozen, your loved ones can’t access funds, and the court decides who gets what based on rigid intestacy laws.
That means:
- The people closest to you may not inherit anything—especially unmarried partners or stepchildren.
- Your assets may be split in ways that don’t reflect your values, priorities, or family dynamics.
- Surviving family members may be burdened with legal fees, paperwork, and long waits—all while they’re grieving.
- If you have minor children, the court—not you—will choose who raises them.
- If you become incapacitated and don’t have legal documents in place, no one can make medical or financial decisions on your behalf without going to court first.
It’s Not Just About Dying—It’s About Living, Too
Estate planning isn’t just for end-of-life scenarios. It’s also about protecting yourself and the people you love if something happens while you’re still here. A serious accident, medical emergency, or illness can leave you temporarily or permanently unable to manage your own affairs. Without powers of attorney or healthcare directives, your family could be left scrambling to petition the court just to help you.
What a Thoughtful Estate Plan Can Do
An estate plan is more than just a will—it’s a comprehensive strategy that puts you in control. It can include:
- A trust to avoid probate and keep your affairs private
- A will to name guardians for your children and outline your wishes
- Durable powers of attorney for finances and health care
- An advance health care directive that outlines your wishes for end-of-life care
- Clear instructions for handling digital assets, family heirlooms, and personal items
Even if you’re not sure where to start or what you need, taking the first step is the most important part.
Peace of Mind Starts with a Plan
Creating an estate plan is one of the most loving things you can do for your family. It eliminates guesswork, reduces conflict, and ensures that your values live on—even when you’re no longer here to express them.
You’ve worked hard to build a life that matters. Make sure your legacy is protected and passed on exactly the way you intend.