If you die without a will, your property still must go through probate. Image: Burdun Iliya/Shutterstock.com
By: FEDweek StaffIf you die without a will, you die “intestate” and your assets will be distributed according to your state’s law. That probably will result in a distribution you didn’t intend: some states require that 50 percent of a decedent’s assets go to the children, leaving only 50 percent to a surviving spouse. Some people mistakenly believe that not having a will enables their assets to bypass the time and expense of probate.
That’s not true–if you die without a will, your property still must go through probate. Thus, you should have a will. If probate avoidance is a concern, you can create a trust. By using a revocable trust, you can retain control over the trust assets while you’re alive. Assets placed in trust during your lifetime can be distributed at your death, under the terms of the trust, without going through probate.
After you draft a will, don’t forget about it.
Births, deaths, marriages, and divorces all may raise the need to revisit your so-called “last wishes.”
After each change, make sure that your current will is both safe and accessible.
One strategy is to leave your will with your executor, especially if you name a financial institution. If you decide to keep your will somewhere else, your executor and other loved ones should know where it is. The lawyer who prepared your will should have a copy as well as a memo revealing the location of the original.
Key steps and considerations for updating a will:
Review: Identify any changes or updates that need to be made.
Identify Your Intentions: Updating beneficiaries, appointing new executors, or modifying asset distribution…
Consult with an Attorney: Seek advice from an experienced estate planning attorney to ensure that your updated will aligns with legal requirements and effectively reflects your intentions.
Draft a Codicil, or Create a New Will: Depending on the extent of the changes, you may either create a codicil (basically an amendment) or opt to create an entirely new will.
Execute the New Will: Sign and date the updated will in the presence of witnesses, adhering to the legal requirements of your jurisdiction.
Notify Relevant Parties: Inform your chosen executors, beneficiaries, and any other relevant parties about the updates made to your will, ensuring clarity and transparency.
Again, Safely Store Your Updated Will: Keep the updated will in a secure location, such as a safe deposit box or with your attorney, and provide copies to trusted individuals as necessary.
No matter where you put your will, have another document for your funeral and burial instructions. Generally, wills aren’t read until days or weeks after death. That won’t help your survivors make prompt decisions about a funeral or a memorial service.
Thus, a separate letter should be used to specify your final wishes and your executor should know where these instructions can be found.
That letter is often a funeral directive or funeral planning document, describing:
Type of service (burial, cremation, or alternative options)
Location and arrangements for the funeral or memorial service
Handling of remains (e.g., embalming, religious rituals)
Preferences for funeral home or crematorium
Location for burial or scattering of ashes
Religious or cultural practices to be followed
Preferences for music, readings, or eulogies
Donations or charitable contributions to be made in your memory
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