HIMPower Magazine HimPower October 2017 | Page 38

will depend on where you live – but if you make a will you can decide this yourself. • Any Inheritance Tax that your estate has to pay might be higher than it would be if you had made a will. • If you die with no living close relatives, your whole estate will escheat to the state where the property(ies) are held where they will act as the custodian of the property in perpetuity on behalf of the rightful owner, (unclaimed prop- erty). This law is called bona vacantia. Any assets that you own jointly with someone will not pass under the intestacy rules but will pass by survivorship to the surviving joint owner. But be careful, you need to own the asset as “joint tenants” and not as “tenants in common” for survivorship to apply. 38  HimPower October 2017 WHO WILL INHERIT IF YOU DIE WITHOUT A WILL? As mentioned above, if you die without a will, it means you have died “intestate”. When this happens, the intestacy laws of the state where you reside will determine how your property is distributed upon your death. This includes any bank accounts, securities, real estate, and other assets you own at the time of death. Real estate owned in a different state than where you reside will be handled under the intestacy laws of the state where the property is located. YOUR WISHES AND WHO CARRIES THEM OUT Your will tells people two very important things: • Who should have your money, property and possessions when you die.