Complex Intestacy Situations

Many people avoid estate planning. They may not think they need a will. After all, they do not have many assets anyway. What would be the point?

The point is: while estate planning can be complex in some cases, not having an estate plan can be even more complicated. Intestacy arises when someone dies without a valid will. Even if a person has a will, it is possible that their will is incomplete or invalid or leaves vague “class gifts” (such as to “children” or “grandchildren” without identifying them).

Without clear instructions, distributing the estate under statutory intestacy rules becomes complicated, Major risks include:

• A previously unknown (or discovered later) will that contradicts the intestacy distribution.
• Claims from estranged relatives, step-children, unmarried partners, or other nontraditional beneficiaries.
• Overlooked or missing heirs, especially in complex or blended families, adoptions, or uncertain parentage, who may emerge after distribution.

This uncertainty can lead to misdistribution, legal claims, and liability, particularly for whoever acts as administrator or executor.

How Personal Representatives and Beneficiaries Can Be Protected

Here are several practical safeguards:

• Professional family tree verification. Rather than relying solely on family-provided information, perform a full genealogical investigation (births, deaths, marriages, adoptions, divorces) to verify who truly qualifies under intestacy rules and reduce the risk of missing legitimate heirs or mistakenly including unentitled people. This can include:
  • Confirming identities via vital records indexes.
  • Interviewing potential heirs.
  • Producing a formal heirship chart, certificates of entitlement, and a detailed distribution schedule.
• Obtaining “missing beneficiary indemnity insurance.” If there is any uncertainty (such as unknown heirs, insufficient records, or distant relatives), consider indemnity insurance covering potential claims by unknown beneficiaries. This provides a financial safety net, allowing distributions to proceed while protecting the executor and known heirs against future claims.
• Perform a thorough will search. Before distributing as an intestacy, conduct a diligent search to verify no valid will exists, even if none is known. This should include property searches, inquiries with friends and family, and checking national or professional will registers.
• Structured and methodical distribution practices. Use a systematic approach rather than ad-hoc family statements to establish the proper class of beneficiaries (for example, children, grandchildren, siblings, and cousins). Skip to extended relatives only when prior classes are definitively excluded. This reduces risk of distributing to ineligible persons or omitting entitled heirs, which are common problems in cases involving legal adoptions, blended families, or uncertain parentage.

Seek Legal Help

Not having a will in place when you die can result in many complications, even if you have few assets or family members. There could be family issues that you are not even aware of.

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A can guide you through the estate planning and probate litigation processes. We can answer your questions and help you get through the legalities of death with ease. To schedule a consultation with our office, fill out the online form or call our office at 954-764-4330.

Source:

titleresearch.com/news/mitigating-risk-on-intestacy