At Others > writing a will
Nobody really wants to think about dying. When you are young, this is especially true. However, nobody knows what can happen in the event of an accident or premature death. This is why it is so important to plan for such contingencies. Many people think planning and writing a will is too depressing, time consuming or expensive. Some even think it is unnecessary because they do not have any assets. However, these are fallacies that should be addressed. Everyone should have a will. Writing a will is neither difficult nor time consuming and many wills can be done at a very little cost.
When asking who should be writing a will, the answer is simple: Everyone should. Anyone over the age of eighteen has something to protect and a will is highly advisable. Even if you do not think you own anything of value, it is surprising how many families get into disputes about the division of property after a death. Much of this has little to do with money and value but sentimental attachment to various items. Do not assume that the entire family will be in agreement as to how items should be distributed. It may be difficult to imagine your death when you are young. You may be extremely healthy and would normally live a long time. However, sometimes accidents happen or the unexpected occurs. It is always wise to be prepared for the worst by writing a will
So, if you are single with no children and no assets, do you need a will? Yes. You never know how the fighting over your twelve year old sweater you wore to a school dance will affect the family after you pass if they fight over who gets to keep it. Protecting your loved ones by spelling out which of your items you want each person to get is wise. If you have no will, the court will decide your relatives get your assets. This may mean your distant great aunt whom you’ve never met gets your baseball card collection. Writing a will, though, will allow you to go outside family and assign friends, acquaintances or charitable organizations as beneficiary of your assets. If you have no family and no will, the state will receive everything.
Anyone who is married should have a will. Simply because you are married does not mean your spouse will automatically get everything. Or, it may mean they might not easily get everything. Squabbles can occur over assets between spouses and family. When this occurs it can cost a lot of money to arbitrate or go to court to get everything divided fairly. Plus, there will be ill will harbored that can be avoided with a simple declaration of your preferences. Writing a will takes the uncertainly out of the equation.
Anyone who has children should get a will created. This is the single most important reason for writing a will. Children will be appointed a guardianship based on court decision if there is no will outlining the preferences of the parents. In addition to custody of the children, there is a matter of finances. Whoever has the children will have access to the money left them. With a will, there can be various restrictions and trusts put in place to protect the children’s assets. You can appoint someone to administer the trust while having another person have custody of the children. Think carefully about how you want to accomplish this and put it in writing so there is no argument during a tragic time.
Writing a will does not have to be difficult or expensive. Of course, the more assets one has and the more complicated the situation, the more difficult it can become and the more expensive. But, generally speaking, creating a will is fairly straightforward. There are many do it yourself software kits available for use and most states have fill in forms available for a low cost and even free option for writing a will. For those who have more complicated issues, it may be wise to invest in a consultation with an estate planning lawyer. The lawyer will help you decide how to distribute assets after listening to your wishes and will also be able to advise you on the best possible scenario to reduce the amount lost to taxes. Writing a will is important and should not be neglected. If you don’t have one, now is the time to make one.
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