Who to Leave Your Estate to When You Don't Have Heirs | Estate Planning Tips

Are you wondering what happens to your estate if you don't have any heirs to leave it to? Maybe you don't have any children, or perhaps there are some problems with your children, such as substance abuse or estrangement. As estate planning attorneys, this is a question arises in our office not infrequently. Below, we will discuss some options available to you if you are in this situation.

Skipping Children

Firstly, if you don't want to leave anything to your children, you can skip over them and leave something directly to your grandchildren. This is a common option, especially if your children are doing well on their own, and you want to ensure that your grandchildren are taken care of. If you don't have any grandchildren, you can consider leaving your estate to your siblings or nieces and nephews. Going out further, you can look to your cousins as well.

Friends

If you don't have any extended family, the next option is typically your friends. These are people who have been helpful to you during your lifetime, such as assisting with shopping, home repairs, or just being a good friend. It is not uncommon for clients to leave a little something to their friends in addition to their family.

A word of caution however, caregivers, or persons who may be classified as a caregiver, are in a position where bequests to them are presumed acquired by undue influence due to the sensitive nature of the relationship between the person receiving care and the caregiver. This is an area of law that is fraught with litigation and is also the subject of many movie dramas. Thus, if there is a caregiver involved, even a child or family member that provides care to some extent, then extra care needs to be taken in estate planning. This is a subject we will go into more detail on in its own post.

Unmarried Partners

If you have a partner but are not married, and you want to leave them something, it is crucial to put it in writing in your estate plan. As that person is not related to you, they are not entitled to anything, so it's essential to have it in writing to ensure they receive what you intended for them.

Another point to keep in mind is common law marriages. The state of California does not recognize common law marriages. Thus, even if you and your partner lived together for 20+ years, you are not married according to California and thus there is no marital relationship. If you intend to leave assets to your long-term partner but were never married, then you must make these wishes known in writing, and preferably long in advance of your passing.

Charitable Organizations

Another option is to leave your estate to organizations that you support. This includes charities, churches, and other worthy causes. You can select organizations that are important to you, such as environmental causes, homeless animal charities, or even local churches that hold special significance to you.

The Default Inheritance Rules if You Have No Heirs

It's important to note that if you don't have any heirs, the state of California's probate code sets out your distribution. If you have no estate plan, the probate code dictates who your heirs are, following a similar family tree structure we discussed earlier. Your heirs could be your children, grandchildren, siblings, or other relatives, depending on the circumstances.

So, if you have specific people or organizations that you want to leave your estate to, it's important to put that information in writing. Without a will or trust, the California probate code will determine who your heirs are and how much they will receive. To ensure your estate goes where you want it to, it's best to work with an estate planning attorney to create a comprehensive estate plan that meets your needs and goals.

Key Takeaways

In conclusion, if you don't have any heirs to leave your estate to, there are still many options available to you. Whether you choose to leave your estate to extended family, friends, organizations, or a combination thereof, it's important to have a plan in place to ensure that your wishes are carried out. A skilled estate planning attorney can help you navigate the complex legal landscape and create an estate plan that meets your unique needs and goals.

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