Why Your Assets Don't Automatically Go to the People You Assume: Guidance from a Portland, Oregon Estate Attorney

One of the biggest misconceptions in estate planning is believing that your spouse, children, or closest relatives will automatically inherit your assets. In reality, asset distribution is governed by legal structures like title designations, beneficiary forms, and state intestacy laws, not by assumptions or family expectations.

Understanding how your assets are actually structured can prevent unintended consequences and protect the people you care about most.

How Does Joint Ownership Affect Inheritance?

Many couples believe that if their home or bank accounts list both names, the surviving spouse will automatically receive everything. However, the title language matters significantly. Joint tenants with right of survivorship transfers automatically to the surviving owner. Tenants in common does not. This seemingly small difference can create major complications for your family.

What Happens with Beneficiary Designations?

Beneficiary designations can create accidental inheritances that surprise families. Retirement accounts, life insurance policies, and certain investment accounts pass directly to the named beneficiary, regardless of what your will says. If you created these accounts years ago and never updated them, an ex-spouse or estranged relative could inherit instead of your current family. Outdated beneficiaries are a leading cause of unintended inheritance disputes.

What If Someone Dies Without a Will?

When someone dies without a will or trust, state intestacy laws determine who inherits. These laws follow a rigid formula and do not consider personal relationships, financial dependency, estrangement, or modern family structures. Stepchildren usually inherit nothing under intestacy laws. Unmarried partners have no automatic rights. Children and a surviving stepparent may end up co-owning property together.

How Does Probate Complicate Asset Transfer?

Probate is the court-supervised process of transferring assets after death. Even with a will, probate can delay access to funds for months or even years, creating financial stress for families already dealing with grief. A properly funded trust can help your family avoid this lengthy process entirely.

Creating Certainty for Your Family

The safest way to ensure your assets go where you intend is to create a clear, legally valid estate plan with a Portland, Oregon estate attorney and coordinate it with correct titling and beneficiary designations. Estate planning removes guesswork and replaces assumptions with certainty.

We can help you review how your assets are currently titled, update outdated beneficiary designations, and create a comprehensive plan that reflects your true wishes. If you need assistance ensuring your assets will go exactly where you intend, contact us at (503) 235-5150 to schedule a consultation. Mention this article when you call, and we'll help you build a plan that protects your wishes and your loved ones.