Several of our Firm’s clients over the years have flatly refuse to execute a will or even discuss the subject because they feel that either of these actions will hasten death.
Often these are the people who have abdicated their legally protected right to make a will (and pass on their property as they desire) by dying intestate, allowing the state to dictate who gets what and when.
Opportunities to provide for a problem child, a dependent spouse, a favorite charity, a spendthrift sister, a needy parent, etc., are all lost when a will is not employed.
The positions of personal representative of the estate, trustee of family funds, and guardians of the children are all left to the discretion of the probate judge who, although qualified to choose such key persons, is necessarily a stranger to your family, its history and circumstances.
A thoughtful will avoids all this.
A will can, among other things, anticipate family financial needs, ensure continuity of family businesses, protect funds from claims of creditors, authorize sales of real property, educate children and grandchildren and save estate and income taxes.
As can be seen, a will could be the most important and significant document you ever sign in your life.
There are those who have an exaggerated opinion of the cost of a lawyer’s advice in the preparation of a will, but the cost of not procuring correct, current guidance in making your will can be far more costly than any legal fees involved.