What is Family Malpractice?
Family Malpractice refers to the unintended consequences that can occur when someone passes away without a clear estate plan. If a person has no will, known legally as being “intestate,” they give up control over where their assets go. Instead, state law determines the distribution, which may not align with their wishes. This lack of planning can lead to Family Malpractice, where family members face challenges and decisions outside of the original intent.
For example:
If a person dies without a will, they are considered intestate. This situation can lead to a number of unintended consequences, or what we call Family Malpractice. Without a will, the decedent has no control over where their assets go. In South Carolina, for instance, the law provides an intestacy provision in the South Carolina Code of Laws, which essentially creates a “will” for the decedent. Here’s how assets are distributed in South Carolina if someone passes away without a will:
- To the surviving spouse if there are no children (also known as “Issue”)
- If there are children, ½ goes to the spouse and ½ to the children
- If no spouse, to the children
- If no spouse or children, to the decedent’s parents
- If no spouse, children, or parents, then to siblings or their children
- If none of the above, then to grandparents or their descendants.
Why Having a Will is Essential
Without a will, the probate process can be time-consuming, costly, and stressful for loved ones. Family members may be uncertain about where assets are located or who should receive them, leading to potential family disagreements and prolonged legal proceedings. Additionally, if there are minor children, the absence of an appointed guardian may leave important decisions up to the court.
Preventing Family Malpractice Through Planning
Fortunately, Family Malpractice is entirely preventable. Creating a clear estate plan allows you to:
- Ensure Your Wishes are Respected: A legally binding will allows you to designate who inherits your assets, helping prevent family disputes.
- Provide for Dependents and Minors: Guardianship appointments and trusts help protect minors and those needing long-term care or support.
- Simplify the Process for Loved Ones: A well-organized estate plan can streamline probate, saving time and costs.
- Minimize Tax Liabilities: Effective planning can reduce tax burdens, preserving more of the estate for your heirs.
Estate planning brings peace of mind by helping you protect and provide for your loved ones. Take action to prevent Family Malpractice by planning for the future.