Thursday, May 24, 2018

Why Is Making a Will Important




No one is promised tomorrow, yet many of us live as though it were. A 2016 Gallup poll shows that 55% of Americans don’t have a Will![1] Making a Will should be an essential part of being an adult, whether you’re married with kids or single. Dying without a Will in place puts an unnecessary strain on your loved ones to make decisions about your assets, healthcare during your last days and even funeral arrangements.

Why Is Making a Will Important?

A Will serves as a legally binding document that gives you control of what happens and what doesn’t happen to your estate. This is the last gift you will leave your family or loved ones. It makes the management of your assets clear as well as makes the process light-years easier on everyone involved. If you don’t have a Will in place when you die, there is no guarantee your wishes will be followed.  Let me tell you a brief story to illustrate this point.

An unmarried couple had been living together for many years.  The couple had aged and were beginning to have health problems.  They thought about having Wills prepared so that the assets they had accumulated over the years could be left to each other. The couple met with an attorney. The attorney prepared the Will and estate documents, but the couple never went back to sign the documents. The man became suddenly ill and died without signing the documents. Since the couple was not married, the assets were in the man’s name only, and the Will documents had never been signed, the man’s estranged siblings swooped in and left the woman with nothing.  

We include other documents in our Will Package such as the Living Will and Healthcare Surrogate, Durable Power of Attorney, Designation of Preneed Guardian and Memorandum of Tangible Personal Property in addition to the actual Living Will and Testament. These additional documents make very important decisions like giving them access to your accounts for closure, turning off utilities to your house, determining your healthcare wishes in the event that your unable to speak for yourself (such as being in a coma), assigning personal items to specific people (stamp collections, jewelry, family heirlooms, etc.) and more.   

What Does a Last Will and Testament Cover?

When making a Will, you decide who stands to inherit your property, finances and investments after you’re gone. A Will also finalizes your last charitable gifts. It provides a fantastic opportunity to leave a donation to your church or favorite philanthropic organization.

Additionally, it makes your wishes known about who you want to take care of your children (if they are minors) upon your death. You can make sure your kids are raised by the people who you actually want to raise them. If you haven’t made a Will, decisions like this can land in the hands of the State.

What Does a Will Not Cover?

Your Will won’t cover any accounts that have a named beneficiary, such as a 401(k) or an IRA, life insurance, or payable on death bank accounts. Those will be transferred to the beneficiary you name in the documentation.

Will Preparation

Call The Law Office of Pamela J. Helton today to talk with an attorney at our firm to discuss your options. We're here to answer any questions you may have.

Regardless of how you do it or who does it, making a Will is something you need to do—no matter what stage of life you’re in. The truth is, we are all going to die someday, so why not go with peace of mind? This is a final gift to your family. Leave a legacy you want to be remembered by.





[1] Jeffery Jones, Gallup Politics dated May 18, 2016, (http://news.gallup.com/poll/191651/majority-not.aspx)