If one dies without expressing their wishes for the distribution of their assets the distribution is controlled by the law of intestacy. In other words, the law has determined how the assets will be distributed. Very rarely does this result in the same distribution of assets that the person would have chosen had they made a will. More importantly, parents of minor children typically nominate a guardian for their children by will. If there is no will, minor children will be placed according to the judgment of the court.