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If I Die Without a Will, Doesn't the State Take Everything?

By Barry Peters | Jul 20, 2019

Some people are under the mistaken impression that, “If I die without a Will, doesn’t the state take everything?”

Fortunately, the answer is almost always, “No.”

Instead, Idaho has several statutes that dictate who is to inherit when a person dies without a Will.

If a person is not married, everything goes to the surviving children. If there are not surviving children, then it goes to surviving parents. If no parents, then to surviving brothers and sisters.

If a person is married, but has no children, then everything goes to the surviving spouse. But if a person is married and has children, then everything gets divided between the spouse and the children. But the precise division between them is dictated by the type of property and possessions that are left.

The only time that the state ends up taking a person’s property at death is if there is no spouse, child, parent, or sibling. That is quite rare.

But, in any case, setting up a Last Will and Testament or a Family Trust is always a good idea. Otherwise, a person has no control over who inherits his or her property and possessions. That becomes controlled by the state’s one-size-fits-all determination.

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Daniel made the entire process simple and easy to understand. He took our questions and made sure we understood all the legal aspects and responsibilities seamless. Neal V.
We want to thank Matt, he was very helpful in answering our questions and walking us through the process of setting up our Family Trust. Charlotte G.
Marcus West was so helpful in setting up our trust. We had several questions and a lot of properties to manage. He was professional & has a great personality. Pamela B.
Ben, you were very thorough in your explanations, answered all of our questions & we would be happy to put our names to referrals for you. Darrell C.
Hello, Ben. Thank you for your assistance with out trust. Your simple, concise, efficient instructions and explanations were easy to understand and follow. We were pleasantly surprised how quickly you were able to get everything set up and ready to go. Desta R.