It’s a question that makes most parents pause. But under Indiana estate laws, it’s a very real possibility if you die without a Will.
Many people assume that if they pass away, everything automatically goes to their spouse. In Indiana, that is not always true. When someone dies without a valid Will, they are considered to have died with an intestate estate, and the state decides how assets are divided.
For families with minor children, the results can be surprising and problematic.
A Scenario We See More Often Than You Think
Imagine this: A married parent with two children, ages 12 and 15, passes away unexpectedly. There is no Will. The house, savings, and other assets are titled in that parent’s name alone.
Under Indiana intestate succession laws, the surviving spouse does not necessarily receive everything. Instead, a portion of those assets may go directly to the children.
Now ask yourself:
- Do you want your 12-year-old legally inheriting part of your estate?
- Do you want a court deciding who manages that money?
- Do you want delays, restrictions, and court oversight added to an already emotional time?
For most parents, the answer is no.
Why This Creates Serious Problems
Minor children cannot legally manage money or property. When a child inherits under an intestate estate, the court often must step in to appoint someone to manage the child’s share until they reach adulthood.
This process can involve:
- Court supervision
- Annual reporting requirements
- Limited access to funds
- Additional legal costs
Meanwhile, the surviving spouse may be left without full access to assets needed to pay the mortgage, cover daily expenses, or provide stability for the family.
This is not a worst-case scenario. It is a common outcome when there is no Will.
The Importance of Naming a Guardian for Your Kids
Another critical issue arises when parents die without a Will: no guardian is named for minor children.
If both parents pass away and no guardian is legally designated, the court must decide who will raise your children. Even if you believe “everyone knows” who should take that role, the court still must follow a legal process.
A properly drafted Will allows you to:
- Name a guardian for your kids
- Provide guidance for their care
- Reduce conflict among family members
This is one of the most important decisions parents can make, and it cannot be handled after the fact.
How a Will and Trust Can Protect Your Family
Estate planning gives you control. With a valid Will, you decide how your estate is distributed instead of leaving those decisions to Indiana law. With a Trust, you can go a step further by determining when and how your children receive assets, rather than handing them over at age 18.
Together, these tools can:
- Prevent unintended inheritance outcomes
- Reduce or avoid probate complications
- Protect assets for minor kids
Provide clear instructions for guardians and trustees
Don’t Let the State Decide for You
If you have children, especially minor kids, estate planning is not optional. Without a Will, Indiana law will divide your estate according to rules that may not reflect your wishes or your family’s needs.
At Martz & Lucas, we help families put thoughtful plans in place that protect spouses, children, and the future you’re working so hard to build.
If you have put this off in the past, now is the time to act. A simple plan today can prevent serious problems tomorrow.
Contact our office to schedule a confidential estate planning consultation and take control of what happens next.