Many people hate to think about death, so they fail to consider drafting a will (or other estate planning). However, there are consequences for failing to plan (“because failing to plan is planning to fail“).
Imagine this scenario.
Let’s imagine that you have a neighbor named Keshia, who’s been living in a beautiful brick brownstone row house in the Petworth neighborhood in Northwest DC with her mom for the past 15 years. Well, her mom passed away suddenly last month (still can’t believe it), and now Keshia is facing eviction from her childhood home. Why? Because her mom didn’t have a will (in legal terms, her mom died “intestate”).
But this is her home?
Keshia’s mom owned that house outright—paid off the mortgage years ago. But since Keshia wasn’t on the deed and her mom died without a will, DC law kicks in with this mechanical formula for who gets what. Turns out Keshia’s mom has three other children spread across the country who she barely spoke to, but guess what?
They each automatically get some ownership interest in the house. Now these siblings she barely knows are pushing for a sale so they can get their cut of the property value. Meanwhile, Keshia, who cared for her mom through illness and has nowhere else to go, could end up homeless in the same neighborhood she’s lived in her whole life.
The Tax Man Still Cometh
If that wasn’t bad enough, the property taxes and water bill don’t stop coming just because someone died. Keshia had to scrape together money for the recent tax payment while simultaneously trying to figure out how probate works.
Did you know there’s a whole court process just for sorting out someone’s stuff when they die? Neither did Keshia until she was drowning in paperwork while still grieving her mom. The house needs a new water heater too, but who’s going to pay for that when ownership is split four ways and three of the owners want to sell anyway?
This Happens More Often Than Many Realize
Entire multi-generational households getting torn apart because someone didn’t put their wishes on paper. It’s especially bad in neighborhoods like Petworth and Southeast DC where property values have skyrocketed—suddenly distant relatives have a financial incentive to force sales of family homes.
How to Avoid a Similar Situation
PLEASE talk to your parents, your aunties, your grandparents, your spouse or your long term partner—anyone whose home you might be living in or counting on. A basic will isn’t expensive, and it can literally be the difference between keeping or losing your home. The hard truth is that without a will specifying otherwise, the law treats all heirs equally regardless of who actually made a home in that house.
Don’t let this happen to your family. Have the conversation today with Burrell Law. If you need resources or someone to talk to about drafting a will or other estate planning matters, please reach out to our Wills, Trusts and Estates attorney in our Washington, DC office.
