Do I Need A Will?

Many people think that because they don't have much money or many assets that they do not need to waste their time on getting it done or having an estate plan drawn up. However, what many people fail to realize is that they already have an estate plan. In fact, those people who have not had a will or estate plan prepared for them have had an estate plan prepared for them by their state. If no will or other documents are prepared, statutes prepared by your state legislature – sometimes many years ago – will determine not only what happens to your assets but also who will take guardianship of your minor or incapacitated children, who will make medical decisions for you should you become incapacitated, and how your spouse will be provided for in the event you die before they do.

People also fail to realize the hassle and expense they can cause their families if these decisions are left to the state. Earlier this week, I had someone contact me regarding their ability to make medical decisions for an incapacitated close friend at a local hospital. The friend had no estate plan and no documents appointing someone to make healthcare decisions for them.  As I explained the expense, procedures, and time involved in simply attempting to allow this friend to obtain guardianship – with no guarantee of success – I was reminded of the relative ease and and expense of having advanced medical directives (a living will, healthcare power of attorney or other document) prepared during the course of an estate plan.

Further, the growing number of nontraditional families magnifies the need for an estate plan. Many states don't recognize domestic partnerships, whether same-sex or opposite sex, for purposes of their descent and distribution statutes. Also, in blended families many states prohibit a spouse from inheriting all of the deceased spouse's property. In many cases, children from a prior marriage or relationship will share the inheritance with a surviving spouse (the children's step-parent), even if that was not the deceased spouse's intent.

Finally, the most obvious problem with using your state's estate plan is you give up any control over how your property should be distributed upon your death. This bypasses many effective estate planning tools even if your estate does not have to deal with estate tax issues. For instance, one child may need your assets more than another because of a special need or some other financial hardship.  But, without preparing an estate plan you will have to rely on the laws of your state and the good nature of your children to accomplish this task.  And even if the children desire to adhere to your wishes, the expense involved in properly transferring assets will sometimes cost as much, or even more, than simply having your estate plan prepared.

So, how do I respond to people that ask me if they need a will or estate plan?  Well, you've got one, you just might not like what it says...

I'm Here To Help

Many people shudder at the thought of going to see an attorney.  Most people associate bad thoughts and feelings with coming to an attorney's office.  But in reality, we're here to help.  An attorney should provide answers to the questions you have and hopefully put your mind at ease by either answering your questions or giving you guidance.  Some of the more routine questions that people are concerned with are:


-  Do I need a will?  What happens if I don't have one?
- I'm the executor of my father's estate, what does that mean and how do I do it?
-  What's a trust?  Do I need one?  What's the difference in a trust and a will?
-  Does my grandmother's will need to be probated?  
...
-  Do I need to do a title search on a foreclosed property?
-  What if my neighbor and I can't agree on my property line?
-  I know I have an easement over my neighbor's property, but he's not letting me use it.  What do I do?
-  Do I need my own attorney at closing?

Attorneys are also beneficial in assisting you with knowing your rights after a car accident or workplace injury (workers' comp) and assisting you in family law issues including divorce and child custody.  


The point is: as an attorney, I'm here to serve you.  Whether through simply answering a few questions or representing you to sort things out.  Please give us a call or send an email if you need assistance.