Creating a will can help you decide how you want your final affairs handled and who to choose as your beneficiaries. While you probably understand the importance of this document, you may have put off making one because you believe it takes too much time or you are concerned about the possible expense. However, the benefits of making a will can far outpace the inconvenience, especially if you have a spouse, children and own property.
1. Prevent State Interference
If you pass away without a will, this is known as dying intestate and may create many problems for your family. Because state laws that govern the disbursement of property and accounts can vary widely, your belongings may not transfer to your spouse or children by default. As such, if you pass away without a will, the state may take complete control of your estate.
2. Protect Your Spouse
Having a will in place can protect your spouse in the event of your death. This may be especially important if you have a common-law marriage or your marriage has not otherwise been legally recognized. Creating a will can give you better control of property and financial transfers, especially if there are those in your family who do not approve of your marriage.
3. Grant Gifts
When created properly, a will leaves little interpretation when it comes to individual gifts. Vehicles, real estate and valuables like jewelry can all be gifted in a will. If the beneficiary is a minor, you can name a guardian or trustee to handle the gift until that child comes of age. You may want to let the trustee know that he or she will only watch over the property and not receive ownership of it. For example, if you want to leave a classic car to your grandson but he is not yet of driving age, you can grant your wife or eldest adult child as the trustee, giving him or her responsibility for the vehicle until your grandchild is old enough to take possession.
4. Make Your Wishes Clear
Even if you have discussed your final wishes with the family, having them in writing will provide them with clarity and avoid probate court. While some wills may require probate, especially if they are challenged by someone in the family. Writing your will properly and using clear language can help your family avoid legal entanglements once you pass.
Creating a will does not have to be a difficult process, and there is help available. Reach out to an attorney, like an estate attorney from Klenk Law, today for assistance.