What happens if you die without a will? A person who dies without a will is called an intestate, and most people don’t know what happens if you die without one. It’s a common myth that the government can claim your money and assets, but it’s not true. They do have the ability to have a say in how your assets or estate gets divided between family members. Creating a will also means you can control how your assets are distributed to beneficiaries over time, instead of children receiving a lump sum when they turn 18. Having a will also ensures that you are clear about the custody of your children if your children are minors when you die.