For those with dies with no Will, assets are distributed according to Intestate Succession Act. If you like how the assets are distributed according to Intestate Succession Act, you are in trouble because the Intestate Succession Act hardly does anything for you other than to ruin your family. Why?
The Intestate Succession Act only take cares of how your assets are distributed into percentages. But the problems are:
- Some of your assets have no market value. How to distribute according to percentages?
- Your third party policies have no market value. How to distribute in percentages?
- Implied in the Intestate Succession Act is that your residential property could be sold and distributed. Your property would have to be force-sold at a distressed price.
- There is no provision as to who should be your Personal Representative. For Intestate Succession Act, the Administrator is your Personal Representative. You are giving your Administrator a big headache because he or she needs the consents of all persons entitled to be the Administrator and have their rights renounced in writing.
- The Administrator holds huge powers. How much will the Administrator get? Theoretically it is in accordance to the Intestate Succession Act but practically it may be 100% of your entire estate because the Administrator can just take the assets and leave the country.
- The Intestate Succession Act does not make provision for the guardian of your minor children. While the guardian is always the biological parent of your children, what happens if your spouse is already dead? Can you be sure that this unknown guardian will not take advantage of your children?
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