Do I need a Will?

Are you married? Do you have children? Do you have real estate? Do you have personal property (jewelry, bank account)? Do you have a pulse?

If you answered "yes" to any of these questions, you need a Will. Everyone needs a Will. Even those who have trusts. Why? Because if you don't make a Will and set forth your wishes regarding the final handling of your property then the government will make the decision for you. For example, say you are married and have one or more children. If you die without a Will there is a good chance that some/all of your property would be split between your spouse and child(ren). Practically, this means that if your spouse wants to sell one of the items then your children or the legal guardian of their property would have to consent to such sale.

What else can a Will do?

1. In your Will you can state your preferences for guardianship of your children and any property that may be left to minor children.

2. You can set forth who you wish to be the personal representative/executor of your estate.

3. You can create provisions where property goes into a trust (either already in existence or created by your Will at the time of your death).

Can't I just get a Will off the internet and have it notarized?

I would definitely not advise this course of action. Each state has specific requirements regarding what is required for a Will to be valid. While the requirements are similar in many states there are often small differences which can result in your Will not being legally sufficient. If your Will isn't valid the court won't accept it for probate and won't honor the provisions of the Will. This situation unfortunately often isn't discovered until after you have passed and your family takes the document to an attorney. The result can be expensive litigation if the family doesn't get along or if your expressed wishes differ from the distribution required by state law when you die without a Will.

If you have had a major life change whether it be marriage, the birth of a child, death of a family member who is named in your will, or a major change in your financial circumstances, you should consider consulting with an attorney to find out if your estate plan, including your Will, needs to be updated. If you have already prepared a Will from an internet-based form, please have it reviewed by an attorney to ensure it is valid.

If you still have questions or want to have your estate plan prepared or reviewed, head over to the Contact page to schedule a time to meet with me.

AS ALWAYS THIS POST AND THE INFORMATION CONTAINED HEREIN ARE FOR INFORMATIONAL PURPOSES ONLY. THIS IS NOT LEGAL ADVICE AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP SINCE WE DO NOT HAVE ENOUGH INFORMATION REGARDING YOUR SPECIFIC CIRCUMSTANCES TO RENDER SUCH ADVICE. IF YOU NEED LEGAL ADVICE, PLEASE CONTACT A LICENSED ATTORNEY.