5 reasons to have a will

You want to be in charge. You want the people you select to inherit the fruits of your labor. You want the special relic to go to a certain person. Have you written it down in a will?

Here are 5 reasons why you should.

  1. What happens if you die without a will? Dying without a will is called dying “intestate.” You are the testator, the person who can decide, if you don’t then you are intestate and that means the court will make decisions for you based on the laws of your state. That can mean that when they follow the law, the person who becomes the beneficiary, the one who receives the assets from him, may not be the person you would have chosen.
  2. My spouse and I can have a joint will, right? Mistaken! Well, it could, but it’s not recommended and may not even be recognized in some states. It is rare for spouses to die at the same time. Also, each of you has your own life. You may have property that is not jointly owned, or you may want to leave property to someone from your past, such as a child from another marriage.
  3. Can I leave certain things to certain people? You want your childhood best friend to get the old doll you used to play with. You don’t want your sister to take the necklace your mom gave you; you want me to go to your daughter. You can do those legacies and more. Be specific in her will so that her wishes are carried out.
  4. Can someone challenge my will? The challenge is a challenge to the legal validity of a will. The laws of your state will apply, but in some cases, a spouse, ex-spouse, or child may try to challenge a will that goes against local probate laws. The best defense is a good offense. The validity of the will can only be challenged through channels such as whether or not the deceased was competent or if there was coercion or fraud. A clearly drafted legal will must withstand a challenge.
  5. Who should be my executor? The choice is yours. It could be her spouse (if he or she is still alive), a child, or a trusted friend. If you feel you need additional help because your issues are complicated, you can also name a lawyer or financial adviser.

Another question that often comes up is do you have to have a lawyer prepare your will? The answer is no. You could even write on a napkin or use an online program, if it meets your state’s legal requirements. However, an experienced family law attorney will know the laws in her state and will be better able to protect her assets with strategies such as living trusts. A family law attorney may well be worth her fee!

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