Why do I need a will?

Your will is your way to direct what happens with your property, your business affairs and, most importantly, with your minor children after your death.  If you die without a will, the descent and distribution laws of your state take over—and you may not like what they say.

As an example, if you die and leave young children, your state may require that a substantial portion of your estate pass to your children rather than to your spouse to manage in your children’s best interests.  This can be a particular issue in second marriages and where you do not want property for minor children to be held under the control of a probate court.

Your will gives you control:

• You name guardians for minor children.  This is the single biggest reason most people make a will—and, perhaps, the biggest reason people avoid making a will.  If you seem unable to agree upon guardians now, we can help you resolve this critical issue.  This is not a decision to avoid and leave to fate.
• You appoint a representative for your estate, called the “executor” in most states.  See our guidelines for choosing an executor. 
• You waive bond, which your estate’s representative may be required to post if you do not have a will.
• You give your executor power to sell assets, such as a house, without the expense and delay of obtaining appraisals and court approvals.
• You decide how estate taxes will be paid, such as “off the top” or proportionately against certain beneficiaries.