As a solo practitioner, I often get asked about wills. Sometimes it's from someone who's just had a new baby, sometimes from someone staring down retirement, and sometimes, frankly, from someone who just got around to thinking about it. The question is usually: "Do I really need a will?"
My answer? Almost always, yes.
It's easy to put off. We're busy, it feels a bit morbid, and honestly, who wants to think about that stuff? But here’s the thing: having a will isn't about expecting the worst; it's about planning for the future and providing clarity and ease for your loved ones.
What happens if you don't have a will?
Without a will, your assets are distributed according to your state's "intestacy laws." While these laws aim to be fair, they might not align with your wishes. For example:
- Who gets what? Your property might go to relatives you wouldn't have chosen, or in proportions you wouldn't have preferred.
- Guardianship for your children: This is a big one. If you have minor children, a will is where you designate who you want to raise them if something happens to you and the other parent. Without a will, the court will decide, and it might not be the person you would have chosen.
- Probate can be more complex and costly: While probate (the legal process of proving a will) often occurs whether you have a will or not, an organized and clear will can significantly streamline the process, potentially saving your loved ones time, stress, and legal fees.
- No specific bequests: Want to leave a particular family heirloom to a specific person? Or make a donation to a charity? Without a will, those specific wishes are unlikely to be honored.
It's simpler than you think.
Many people imagine the process of creating a will to be complicated, expensive, and time-consuming. While every situation is unique, for most individuals, a basic will is surprisingly straightforward to put together. It involves outlining your assets, deciding who you want to inherit them, and appointing an executor (the person who will manage your estate).
My Two Cents:
Think of a will as a roadmap for your family during a difficult time. It's a gift of clarity and peace of mind. As your local independent lawyer, I can guide you through the process, answer your questions, and help you create a document that truly reflects your wishes. Don't leave your legacy to chance – let's talk about getting your affairs in order.