What’s in a Will?

A common question I get asked is if a person needs a will. Normally, that person will say something along the lines of “I probably don’t because I don’t have much” or “I should just wait until I’m older.” Before you decide against having a will prepared, let’s talk about what a will is and what it can contain. A will is a legal document that disposes of your estate according to your wishes. A will may contain a variety of descriptions, instructions, and wishes including, but not limited to:

  • A description to identify your family members

  • A list of specific gifts or money or other property (real estate, heirlooms, money, etc.)

  • Instructions to distribute any other property contained in your estate to your spouse, children, family, or friends

  • Instructions to not distribute to listed individuals

  • A testamentary trust for minor beneficiaries (held by trustee by terms of the trust)

  • Designation of a guardian for minor children

  • Designation of executors and trustees and their alternates (your chosen individual to carry out the terms of your will)

  • List with funeral or cremation wishes

While it may be uncomfortable to think about death and preparing a will, it will give you peace of mind as to what happens to everything and everyone you’re leaving behind. Having a valid will at the time of your death is the single best gift you could leave your family members. They are already grieving and you have simplified the process for them by eliminating the guesswork and any potential conflicts by outlining your final wishes. Additionally, leaving a will drastically lowers the time and expenses spent in probate court than if there was not a will. 

This is not legal advice. The information contained in this blog is provided for informational and educational purposes only, and should not be construed as offering legal advice, or creating an attorney client relationship. This website should not be a substitute for legal advice from a licensed professional attorney with whom you have an attorney client relationship. The information provided is general in nature and may not apply to specific facts or legal circumstances.

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Probate Basics: Probate Assets vs. Non-Probate Assets

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