Anyone who cares about their family or the loved ones they leave behind should have a will. If you should pass away without a will, you are allowing the courts to step in and decide who will dispose of your assets. The court will appoint an administrator if you don’t name an executor. You will give up your control of who should inheirit your possessions.
The court appointed administrator will be sure to first and foremost get their own fees covered from your estate. Then each state has a “forumula” which the administrator will follow. If you are married your spouse might be required to split your estate with your adult children, your brothers and sisters, and your parents whether they need the money or not. This means your spouse could end up with nothing and if you have no family then the state could actually take all of your assets. If you have an active business, the administrator could force your spouse or children to sell it.
If you set things up properly ahead of time there shouldn’t be much to divide up or argue over in an estate. You should look into trusts in addition to having a last will and testament.
If you are married don’t assume your spouse will automatically get everything. Another thing to consider is what would happen if you both die at the same time. If you have children you will want to make provisions for them. Don’t ever think you are immortal or too young to die. Every day we are here is a miracle. Just be sure to plan for the unexpected. You will want to include guardianship issues in your will.
You can have an attorney draw up a will in less than an hour for a small fee. This is probably your best option especially if you have any considerable amount of assets. The other option is the pre-packaged will you can pick up online or at the store for a few dollars. If you don’t file it with the courts they could throw it out as invalid.
Be sure to include an inventory list in your letter of instruction. When people die family fights usually break out over Grandma’s ring or the rocking chair where she would rock you to sleep. This is because items hold memories and people want to cling to those memories through those items.
By listing who should get what you will prevent your family from being torn apart over some as small as a ring. If you are going through a process of dying you can always give most of those things out in advance. Make sure the other family members are present when you do or at least make them aware of who was given what.In leaving a last will and testament you will leave behind fond memories and you will keep them from quarreling over what is left behind.