A common misconception is that dying without a will primarily affects wealthy people with complicated estates. In reality, Virginia's intestacy laws -- the rules that govern who inherits when someone dies without a will -- apply to everyone, and the results often surprise families who assumed things would 'just work out.'
Under Virginia law, if you die without a will, your estate passes according to a predetermined formula. If you are married with children, your spouse may share the estate with your children rather than inheriting everything. If you are unmarried, your estate passes to parents, then siblings, then extended family -- regardless of who you would have chosen. A long-term partner who was never legally married to you receives nothing under intestacy law, no matter how many years you spent building a life together.
Beyond asset distribution, dying without a will also means the court appoints an administrator for your estate -- someone who may or may not be the person you would have chosen. If you have minor children, the court determines guardianship. If your children inherit directly without the protection of a trust or appropriate structuring, an eighteen-year-old may receive a significant inheritance with no guidance or restrictions.
The good news is that all of this is entirely avoidable. A will is not a complicated or expensive document, and for most people, drafting one takes only a few hours of their time. If you do not currently have a will, this is a straightforward place to start. Contact Castellini Law to schedule a consultation, and we can have foundational documents in place in short order.