Most Americans don’t have a will
As of 2025, only about a quarter of Americans (24%) have a will, versus 33% in 2022, according to a survey by Caring.com.
“Since 2022, procrastination has been the most popular answer for why people haven’t made a will or a trust,” the survey found. “Men procrastinate on estate planning more than women, but only by a slim margin.”
An earlier survey by Caring.com, conducted in partnership with AARP, found that less than half (45%) of people over age 55 have a will. Many have never created an estate plan or updated an old will to reflect major life changes, such as a divorce or remarriage.
Creating a will is more important than ever, as the U.S. undergoes what’s being called the “great wealth transfer.” The Cerulli Report estimates that $105 trillion will pass from older generations to their heirs through 2048, with another $18 trillion going to charities.
If Ada’s dad had a will and named her executor (or as a beneficiary), she would have the legal right to see it. However, even if no will exists, she still has options.
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Find the best rate for youWhat are Ada’s options?
Because Ada’s stepmom has cut off communication, it may be time to bring in a professional. If Ada has asked to see the will but has received no response — or is being given the runaround — she should consider consulting a trust and estate planning attorney to help her understand her rights.
For example, if Ada suspects that her stepmom is hiding the will, she has legal recourse. According to the Senior Advocate Center, an organization that provides elder law resources, “you may need to file a petition with the probate court to compel the production of the will.” An attorney can help with that process.
If no will exists, the estate will be handled under intestacy laws, meaning assets will be distributed according to state law. The estate will go through probate, which determines how assets are divided or liquidated to pay off debts. This process can be time-consuming and expensive, and the state’s distribution rules may not reflect the deceased’s wishes.
In a community property state, any income or assets acquired during the marriage are considered joint property, regardless of who earned or obtained them. The nine community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin — though each state has its own interpretation of the rules.
Typically, in these states, the surviving spouse receives a share of the estate, while the remaining assets are distributed to the deceased’s heirs, including biological children — unless a will states otherwise.
Whatever the case, Ada has rights. And with $2 million at stake — not to mention her father’s final wishes — seeking professional guidance may be the best course of action.
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