“Everyone Knew” Doesn’t Hold Up in Court: Why You Need It in Writing

Here’s the hard truth: if it’s not in writing, it doesn’t matter what “everyone knew.”

When someone passes away without a legally valid will or trust, their wishes don’t count—no matter how many times they said, “That house goes to my niece,” or “You get the dining set when I’m gone.” If it’s not spelled out in a legally binding estate plan, it’s not enforceable. And when that happens, things tend to get messy. Fast.

When There’s No Will, There’s Probate—and a Lot of Uncertainty

Let’s say someone dies without a will. One of their relatives has been living in one of their homes. Everyone in the family says, “That house was supposed to go to them.” But without any legal documentation, it doesn’t matter what was said at family dinners. It matters what the law says.

And what the law says is this:

First, someone has to be appointed by the court to handle the estate. That’s probate. It takes time, court paperwork, and often a pretty hefty filing fee based on the value of the property.

Meanwhile, who’s paying the bills on that house? The relative living there thinks the estate should cover it. The estate thinks the person living there should. While everyone’s pointing fingers, bills pile up—and tensions rise. Especially if the estate has to spend money maintaining a property that may or may not legally go to someone else.

Inheritance Without a Will = Conflict Waiting to Happen

This is how resentment starts. The longer things drag on, the more opinions change. What looked like a generous “gift” might start to feel like someone else is getting more than their fair share—especially when the costs get real.

And here’s another question no one wants to answer:

Who’s responsible for making the transfer happen?

Even if everyone agrees someone gets the house, that doesn’t magically create a deed. Someone has to draft legal documents, pay for filing and transfer fees, and get everything recorded properly. But when no one planned for this, everyone assumes it’s someone else’s job.

That’s when the relative living in the house starts to feel like a squatter in a home they were promised. They’re stuck paying for repairs or property taxes on something they don’t legally own, and what once felt like a heartfelt gesture now feels like a huge burden.

And Then It Gets Worse…

Worst-case scenario? That relative starts cleaning things out—selling furniture, moving artwork, donating what they don’t want. The other beneficiaries catch wind and suddenly everyone’s arguing over who has the right to do what.

Without a will or trust that clearly divides up the estate, no one has authority to distribute or dispose of property until the probate court says so. That couch? That art collection? Technically, they still belong to the estate. Touching anything can open the door to accusations of theft, bad faith, or worse.

Estate Planning Isn’t Just About Assets—It’s About Peace

All of this drama could’ve been avoided with one simple thing: a written plan. Not a verbal promise. Not a text message. Not a note taped to the fridge.

A legally valid will or trust is the only way to ensure that your wishes are carried out—and that your loved ones aren’t left sorting through a legal mess while they’re grieving.

If you want someone to receive something—especially real estate—make it official. It protects them. It protects your other beneficiaries. And it keeps emotions from turning into full-blown family battles.

Don’t Leave It to Chance—Put It in Writing

If you haven’t made a plan, now is the time. And if you’re already dealing with the fallout of someone who didn’t? I can help walk you through what comes next.

Call Zachary W. Anderson Law at 402-259-0059 or email zach@zandersonlaw.com.

Let’s make sure your wishes are honored—and your loved ones are protected.