A valid will can fulfill several purposes. A will directs the distribution of the signer's probate estate after the signer's death. It nominates fiduciaries, provides the fiduciary with the authority they need to act and it disposes of probate assets. The will nominates a Personal Representative who will guide the estate through the probate process.

So why do YOU need a will?

First Reason….

YOU decide how your estate will be distributed. A will is a legally-binding document that lets you determine how you would like your estate to be handled upon your death. If you die without a will, there is no guarantee that your intended desires will be carried out. Having a will helps minimize any family fights about your estate that may arise, and also determines the “who, what, and when” of your estate.

Most people do not realize they can disinherit individuals out of their will. Yes, you may wish to disinherit individuals who may otherwise inherit your estate if you die without a will. Because wills specifically outline how you would like your estate distributed, absent a will your estate may end up on the wrong hands or in the hands of someone you did not intend (such as an ex-spouse with whom you had a bitter divorce).

Second Reason…

YOU decide who will take care of your minor children. No one knows their children better than a parent. A will allows you to make an informed decision about who should take care of your minor children. If you die without having a properly execute will, the court will take it upon itself to choose among family members or a state-appointed guardian. Having a will allows you to appoint the person you want to raise your children or, better, make sure it is not someone you do not want to raise your children.

If you have teen-aged children, it might be in their best interest to ask them who they would want to live with in case of your death. You do not want to send your child to live with someone that they do not like for whatever reason. Having their input, gives them a sense of control and peace of mind. This suggestion is not appropriate for all children, so proceed only after you have considered your individualized child’s social/emotional needs

Third Reason…

YOU can decide to support one or more charities. Many of us feel good supporting various charities. You can make donations to charities of your choice in any amount you choose in your will. It is important to some people how the charity uses their donation. You can sometimes limit how your donation is allocated. For example, you can direct that your donation be used to support scholarships or other specific functions of the charity. Be warned that you should also include a statement that if your stated purpose no longer exists, the charity may still receive the money and use it for the accomplishment of its general purpose. You want to support the charity without tying their hands too much.

Fourth Reason…

YOU can ease your loved one’s grieving process. If you die without a will, you are considered to have died intestate. This means that your family needs to go to Court and have the Court help them figure out how to divide your assets equitably in accordance with the then existing state laws. Your assets might not go to whom you would expect or want. Since your family may find it difficult to cope with the grieving process during this time, don’t complicate their lives with messy legal and financial matters.

Fifth Reason…

Because tomorrow is not promised. Procrastination and the unwillingness to accept death as part of life are common reasons for not having a will. Sometimes the realization that wills are necessary comes too late – such as when an unexpected death or disability occurs. To avoid the added stress on families during an already emotional time, it may be wise to meet with an estate planning lawyer to help you draw up a basic estate plan at the minimum, before it’s too late.

Have questions or concerns about your estate planning? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

Meet Ellen

Attorney Ellen Marie Curran is an attorney licensed to practice in Massachusetts. Outside of work, Attorney Curran is an active participant in her community. She is a Museum Teacher Fellow for the United States Holocaust Memorial Museum (USHMM) in Washington, D.C. as well as a volunteer at the Stone Zoo in Stoneham, Massachusetts.