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Estate Planning

Do I Need a Will? For Many Reasons, You Do!

By Brian Bellamy

The obvious reason to have a Will is to take care of a spouse and children. Without a Will, your property will be distributed according to a formula decided upon by the state. This formula will not take into account other assets that are not a part of your estate. Therefore, a Will can be very important to ensure that everyone you are responsible for is properly taken care of after your death. Having a Will is the right thing to do if you have dependents.

Parents can name whom they want to be the guardian of their children in a Will. While a Probate Court does not have to honor the Will’s directive concerning a guardian, it is a great way for a parent to express their preference and avoid disputes between other relatives over care of children if the parents die suddenly.

A Will is your last word. Without a Will, state law will decide what happens to your property when you die. You deserve to have a will and leave a legacy or gift no matter how small. A Will does not have to leave money. A Will could simply be a permanent testimony concerning your life or a loving message to someone you care about.

A Will can solve problems and avoid dividing the family land among heirs. With a Will, you can give away real property or personal property to the heirs and assigns of your choice.

With a Will, it is legal to leave something to someone for only their lifetime, a life estate, and then pass it along to someone else. This may even work for a charitable gift.

With a Will, you can leave your property to someone other than your spouse or other descendants, a bequest to third parties. This is especially valuable to combined families and people who feel a gratitude and appreciation toward a close friend or organization.

Doing a Will is a great opportunity to take care of other important needs. Many times, these other needs can be taken care of with minimal additional expense while a Will is being prepared. For example, a health care directive, similar to a living will, is a very important document to ensure that your family or medical providers know what type of care to give in the case you are incapacitated. Another example could be a document describing the details of your burial. A “Details of My Final Arrangements” can be prepared and given to loved ones during the preparation of your Will.

You decide! A Will allows you to decide who carries out your wishes. If you do not prepare a Will, the Probate Court will decide and appoint someone to administer your estate.

If you have no living relative, your property will go to the state unless you have a Will. A Will can direct that your property is distributed to a charity or non-relative if you do not have any surviving family. Even if you do have a family, you may want to leave a separate gift to charity to help others or support an institution that was important in your life.

A Will helps to reduce the cost of administering an estate. The Will can set forth the powers granted to the executor in a way that will minimize hassles and streamline the process of distributing the estate.

Have money? A Will can help manage and lessen estate TAXES!!!

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