What Are the Benefits of Wills?

By Teo Spengler

Many adults do not have a will. Whether this results from an unwillingness to face the idea of death or from fear of exorbitant attorney fees, the consequences are severe. A person who dies intestate -- or without a will -- forfeits her opportunity to name who will inherit her assets. She also misses her chance to select an appropriate and trusted guardian for her minor children.

Select Heirs

If you do not write a will, the state apportions your assets to blood relations according to intestate laws. Families can be scattered across geographical regions, and many people are unacquainted with their own kin. Others know but do not like particular relatives. Writing a will allows you to select who receives your property when you die. Few states impose restrictions on disinheriting offspring, so a testator enjoys virtually free reign in describing bequests.

Condition Bequests

A will is not only a vehicle for bequests, it also enables a testator to condition her devises. If you love your brother Pete but have ambivalent feelings toward his juvenile-delinquent teenagers, for example, you can leave property to him in your will on the condition that he survives you. If Pete predeceases you and you die intestate, his children receive his share. You can also condition your bequests by inserting a no-contest provision in your will. A no-contest provision is language that disinherits any heir who contests the will, essentially predisposing each to accept your will's terms. Most states enforce no-contest provisions.

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Choose Guardians

Parents who neglect to prepare a will give up the chance to select guardians for their minor children. If your spouse dies with you, a guardian looks after your children until they come of age. The advantages of carefully selecting a trusted caretaker are obvious. You can also name a separate financial guardian to manage your children's assets. Banks often serve in this role.

Select an Executor

An executor is the person who administers your estate when you die. The executor opens probate, collects assets, pays bills and distributes property according to your will's terms. If you die without a will, the court appoints an executor to be paid on an hourly basis from the assets in your estate. Naming a trusted friend to this important role increases the chances for a smooth, efficient probate.

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How to Do Your Own Will

Few people enjoy contemplating death, which may explain why only two out of five Americans over the age of 45 have wills. But a will provides peace of mind. With a will, you choose your own heirs, whether they are family members, good friends or worthy associations. Without a will, the state distributes your property under the intestate laws to blood kin you may not like or even know. In a will, you name an executor for your estate and specify who is to care for your minor children should your spouse not survive you.

How to Make Your Own Will

Many people procrastinate making wills because of discomfort with the idea of death, but a well-conceived will brings peace of mind. With a will, you decide who gets your property; the state does not divide your estate according to the general intestate laws. Good testamentary planning can also produce tax benefits for your estate but may require legal advice. Precise procedural requirements for last testaments vary between jurisdictions, but most states accept a written will signed before two impartial witnesses.

What Are My Rights if My Parents Died & My Brother Is the Executor of the Will?

The death of both parents can be a devastating, life-changing event for minors or adult children. Having a sibling named as executor can either help smooth the process of settling your parents' estate, or create anxiety and challenges, depending on the family circumstances. Understanding the probate process and your rights as a child of the deceased can help minimize the conflicts during this difficult time.

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