In case of the death of a loved one without a will…
In case of the death of a loved one without a will…

Death is one of the most hellish and painful situations I can think of. There is just no way to get around it; just through it.

In a previous post, I discussed estate planning and securing your family's future before death. We talk about ways we can plan for our property before death occurs.

Tap this link to read more https://wawerumacharialaw.co.ke/2022/04/20/securing-your-familys-future-by-planning-your-wealth/

When a loved one passes away without a will as discussed in the above link, we call it INTESTACY SUCCESSION. This form of property distribution is aided by the judicial system. Here, the court gathers all the dependents of the deceased person and ensures that the property is distributed in a way that is consented to by the families.

Today, I will give you 3 tips on how to respond to the death of a loved one who had property but did not have a will when they passed away;

  1. Find a trusted friend(s) for you and your family who is not too close to the grief- This step is crucial considering that you are grieving. This friend will support you through the estate planning process on behalf of you and your family with a succession lawyer. Find someone who has your best interests at heart and who will not frustrate you.
  2. Do not stay for too long without beginning the process of estate planning for your loved one. Waiting for too long might be risky because of those who will be supported by the estate of your loved one. These people might unexpectedly pass away which then adds up on documents that are needed which tends to be frustrating for families. Similarly, staying for too long just prevents you and your family from being supported by the estate of the deceased. Property lying around without being used does not help anybody.
  3. In combining Step 1 and Step 2, the trusted friend you choose will start the estate planning process for you. They will do most of the lawyer visits and required footwork that you do not have the energy for while grieving. You will only be required to read through and sign documents as well as to attend court proceedings where you are required to attend.

Estate planning is difficult to do but in this situation, doing it with help is the best way to go.

Here at Waweru Macharia & Co Advocates, we deal in succession law and we can assist you through the process of estate planning for you and your family.

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