Why You Need a Lawyer - Wills and Advance Directives

Most people realize they should probably have a will, but many just never seem to get around to it. No one particularly likes thinking about their death. There are a few reasons to have a will though. First, it speeds the probate process along because most of the instructions for the executor (person who carries out what is stated in the will) of the estate (your assets and property after your death) are laid out. Second, by helping speed up the probate process, the estate incurs fewer expenses (for instance lower attorney fees) so more of the estate passes along to the will's beneficiaries. Third, and possibly most important, it allows you, the will maker (testator), to decide exactly what happens to your assets and possessions upon your death.

Having a will is especially important if you own real estate or have minor children (usually those under the age of 18). If something would happen to you and your spouse, such as being in a fatal car crash, in the absence of anything to the contrary the state will probably have to determine what happens to your children. And what a court decides may or may not be the same decision you would have made. In a will, you can specify who would become your children's guardian in the event you and your spouse are dead - this could be an aunt, grandparent, friend, or whoever you choose.

If you own real estate, your estate can often run into issues transferring title at your death. This can include determining who gets the property or if it needs to be sold. With a will, you can specify who you want to receive the property, or in the alternate, who is to get the proceeds of its sale.

You may have seen programs to help you create a "do-it-yourself" will for anywhere from a few dollars to $100. For simple estates with few assets and no minor children, this might be adequate. But if its not, will such a document hold up in court? How much do you trust a computer program as opposed to a live human being? Or do you need something beyond the basic two or three paragraphs these programs offer - such a section to name a guardian for your children? Are you willing to save a few dollars now for a "quick" will, only to have to pay much more later for a lawyer to fix your mistakes and draft a new will or try to get the "quick" one upheld in court?

Anytime you have to deal with the law, especially in the often complicated areas of probate law, it is always a good idea to have a lawyer who can help explain the law to you and allow you to make the best decisions for your future goals and current situation.

The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.