Anonymous wrote:In general, you are right OP. If you do not have a will, everything that is owned jointly (bank accounts, property (assuming it's titled as joint tenancy)) automatically goes to the surviving spouse. Assets that are just in the deceased spouse's name get probated. Assuming that you do not have any children from previous marriages, the probate will likely go to the surviving spouse as well.
We do have a will for two reasons: (1) we have children from previous marriages and (2) we do not want the surviving spouse to deal with the probate.
In DC, if either you or the surviving spouse has children from another relationship, then the spouse receives 1/2 of the probated estate and your children get the other half of the probated estate. If all children are from your relationship, the spouse gets 2/3rds of the probated estate (things that are not jointly owned, transfer on death, or named recipient insurance policies) and the children get 1/3rd.
https://code.dccouncil.us/dc/council/code/sections/19-302.html
Go get wills/trusts/powers of attorney done. It will cost around $3000. I used
http://wflaw.com/