Through our series of articles about WandaVision, we’ve looked at the difference between a living will and a will and the importance of keeping an inventory of assets.

In Episode 8, Agatha forces Wanda to process her traumatic memories. In one of these flashback scenes, we learn what really happened when Wanda went to S.W.O.R.D. Headquarters to retrieve Vision’s body. Contrary to Director Hayward’s previous statements, her encounter with the government agency was not a violent break-in to steal Vision’s body. In truth, Wanda left the government facility empty-handed. She simply asked for her soulmate’s remains so that she could bury him, only to be told that she had no legal rights to Vision’s body.

Director Hayward: I understand you’re here to see the Vision, to recover the body, that is, is that right?
Wanda: Well, I’m his next of kin.
…
Wanda: I just want to bury him. That’s all I want.
…
Director Hayward: …I cannot allow you to take 3 billion dollars’ worth of vibranium just to put it in the ground.
…
Wanda: He’s all I have.
Director Hayward: Well, that’s just it, Wanda. He isn’t yours. He’s ours.

This heartbreaking conversation supports our theory that Vision is indeed considered property under the laws existing in the MCU (previously discussed here). Accordingly, if the laws in the MCU fail to recognize Vision as a person, then it probably would not recognize anyone as his legal next of kin. But regardless of Vision’s legal standing and our speculation about the laws in a fictional universe, this scene highlights a critical issue in estate planning: what happens when there is no plan.

The Consequences Of Not Having A Plan

Wanda being denied any legal right to Vision’s remains despite her claim as “next of kin” is analogous to what commonly happens when there is no estate plan in place. Without a plan, state law controls who gets your assets, not you. State intestate succession laws only apply to blood relatives, so unmarried partners and “families of choice” get nothing. If you want someone outside of your blood-related family to inherit your property, having a plan is an absolute must.

Under the laws that exist in our universe, spouses and children are given top priority, followed by your other closest living family members. If you’re single with no children, your assets typically go to your parents and siblings, and then more distant relatives if you have no living parents or siblings. If no living relatives can be located, your assets go to the government.

If you’re married with children and die with no plan, it might seem like things would go relatively smoothly, but that’s not always the case. If you’re married but have children from a previous relationship, for example, the court could give everything to your spouse and leave your children out.

Another thing to note is that a surprising number of people assume that they are in a “common law” marriage because they have lived together for a significant length of time; however, only a handful of states in the U.S. even have common-law marriages. Without the legal status of marriage, the law treats a significant other as a stranger. In the event of a medical emergency, this can be a nightmare for people who are denied information about their life partners because they don’t have basic estate planning documents.

While our fan theories about WandaVision may never come to fruition, the consequences of what happens without an estate plan are very real. AMO LAW can help you create a plan that handles your assets and your care in the exact manner you wish, taking into account all of your family dynamics, so your death or incapacity won’t be any more painful or expensive for your family than it needs to be. Schedule a FREE 15-minute consultation with us to learn more.

This article is a service of AMO LAW, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Legacy Planning Session during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. Schedule a Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.