Wills are one of those things that most people never seem to get around to having done.  Or, if they do, they usually don't keep the will current.

A will is your set of instructions as to how and when you want your estate distributed. It helps to protect and conserve whatever you have accumulated during the course of your life.

If you have young children, a Will is one of the most important things you can do to help assure that they will remain as a family in the event of death. It is your right and responsibility as a parent to see that the most competent and loving people will be in charge of their care.

Additionally, if you have any specific items that you have promised to or wish to go to a certain individual, a Will may be the only sure way of achieving your bequest, avoiding unnecessary arguments among relatives.

Most attorneys and probate judges are able to tell horror stories about what can happen after a person dies and it is time for probate. Many families have never spoken to one another because of mis communication and misappropriation of what they felt they were entitled to.

A Will does not eliminate potential for future problems. As your lifestyle changes, so will your needs. Additionally, State and Federal tax laws change. Having your Will updated upon significant changes in your life or for tax reasons is very important.

Always make sure that the person who you have names as the Executor or Executrix o you estate is a person you can trust. Be very selective a it is a time consuming and difficult task. Additionally, let the person you have placed them as the Executor or Executrix. This person will be under the constant watch of a probate judge and subject to the scrutiny of your entire family. Very often he or she will also have to purchase a fiduciary bond to assure the proper administration of your estate.

Dying without a Will is what is known as dying "intestate". Instead of your deciding who gets what and who will raise your family - the Courts will decide!

Information and Documents You May Need to Provide the Probate Court:

• Certified copy of Certificate of Death
• Original Will and Codicil, if any
• A list of names by which the deceased owned real or personal property which will be reported to the Court, either in the inventory or in the Succession Tax Return (first, middle, last name).
• Whether the decedent received public assistance or was in a state hospital, including the receipt of benefits under the convalescent care program known as Title 19.
• A list of all the names and addresses of the decedent's family. (Go on the next letter listing if no relatives in the previous class):
  
  
  
  • Surviving husband or wife, and children, and, if any, children of a deceased child. (If there is a surviving spouse and no children, the parents of the deceased must be listed);
  • Parents;
  • Brothers and sisters and children of deceased brothers and sisters;
  • Uncles and aunts;
  • First cousins; if none, then second cousins; and so on.


• Names and addresses of those mentioned in the will or codicil, if additional to those mentioned above.
• Listing of all assets left by decedent whether or not in survivorship, including:
  
  
  
  • Checking or savings accounts (name of bank, account number, name or names on book, balance on date of death including interests
  • U.S. War or Savings Bonds (name or names on bonds, series number, number on bonds, face value of bonds, value at date of deather);
  • Corporate Stock (name of corporation, certificate number, common or preferred, number of shares, name or names on certificate, value at date of death);
  • Real estate (deed, assessed value of real estate which can be found on real estate tax bill, market value at death);
  • Automobile (title and/or registration, value at date of death);
  • Name and fair market value of any business that the deceased owned either totally or in part.
  • Valuable personal property, such as coin or stamp collections, jewelry, antiques or art collections;
  • Policies of insurance not payable to a named beneficiary, or any pension or profit sharing plans for which a death benefit is payable;
  • Social Security or veterans benefits to which deceased was entitled.


• Listing of all outstanding bills or debts of deceased such as:
  
  
  
  • Medical or hospital expenses and other monies owing for last illness;
  • Mortgages due (lender's name, location of property, date of mortgage, amount due at date of death);
  • Loans due (name of lender, amount due at death;
  • Unpaid taxes: income, personal property or real estate;
  • General obligations (name of creditor, amount due at date of death).


• Funeral charges and monument expense.

Some probate judge, who in most cases does not know the first thing about you or your desires, nor the specific needs of your family, is going to WRITE YOUR WILL!

He or she will pull a book off a shelf and read what is to be. Your property will be disposed of based upon the intestancy laws of the state in which you reside. The property will eventually go to your net of kin in percentages and in a order mandated by the state. However, not before a certain percentage goes directly to the state for doing your job. Additionally, if there is no known next of kin, your entire net worth could revert to the state.

Absolutely none of your personal emotions or desires will be included. You have up that right by dying without a Will.

So, don't leave the safety of your family's future to some old book. And please, don't set your loved ones up for the possible fight of their lives with each other and a probate judge. Make it easier on all.

Get a Will drawn up today!

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