Back in 1958, Willis Nakai was fourteen years old. His family entrusted him to the care of a priest named William Hannifin, asking the clergyman to care for their son. As it so happened, Nakai ended up living with the priest for more than fifty years until 2009, when Hannifin passed away without writing a will, a spouse, or biological descendants.
Nakai presumed that he would be considered the next of kin by default. But this was not to be the case as a collection of Hannifin’s collateral relatives showed up and petitioned to take over the estate. Fast forward to 2013, the Supreme Court ruled against Nakai because he was never a legally adopted son. As such, the apex court ruled that he had no right to be the default next of kin.
Nakai’s case is an example of a legal problem affecting many American citizens, especially those in non-traditional families. The current intestacy laws were adopted back in the mid-20th century when legislators recognized a family based on either a biological relationship or a legal contract.
But the situation has since changed. Today, most families comprise individuals with children from past relationships, unmarried partners, and even non-biological children.
This is the fundamental reason why drafting a will is essential. While there are several ways you can designate property after your death, none are as efficient as wills. Find out why in today’s comprehensive blog.
Table of Contents
The Rise of Non-Traditional Families in the United States
In the past 20 years alone, the number of cohabiting partners has nearly tripled in the US. And while the overall rate of divorces has been declining, it is still higher than it was in the 1970s. In fact, research from the American Psychological Association shows that approximately 40 to 50 percent of first marriages in the US end in divorce.
What does this mean?
The rates of non-traditional families have been rising and will continue to rise. Unfortunately, current intestacy laws are yet to catch up. Take the example of a mother who gets a child, divorces, and marries a new spouse. If she passes away without a will, under the current intestacy laws in most states, Florida included, most, if not all, of her assets will pass on to her spouse while her biological kid will only get a small share. If the new spouse later remarries and dies without a will, most of their assets will pass on to the new spouse’s heirs, further sidelining the kid.
It’s because, under the current system in most states, if a spouse dies without leaving behind a will, the spouse is the first inheritor. And if they’re not married, the children become the first inheritors. If they have no children, the biological parents and siblings are next in line.
The only way for non-married, non-biological family members to receive any inheritance is if it is explicitly laid out in a will, as was the case with Nakai.
However, current research shows that less than half of US adults have a written will detailing how their assets are to be redistributed after their death. The reality is that not drafting a will relinquishes control of your assets to a decades-old system that will do it for you. And depending on the nature of your relationship with your loved ones, they may be blocked from receiving inheritance.
Conclusion
“Unlike popular belief, estate planning is not a wealthy preserve. Most Americans have property to pass down after passing on. A will gives them the control to determine how their property will be distributed when they’re deceased,” says personal injury attorney Ana M. Veliz of Veliz & Associates, P.A..
Contact a reputable probate attorney for advice on drafting a will that comprehensively determines the fate of your wealth when you pass on.
