While you are not required to make a Last Will & Testament it is most certainly something that you should do. It is a way of exercising some personal responsibility by taking control for what happens to your assets and, in some cases, your children after your death.
Many people believe that they don’t need to make a Last Will and Testament. However, even for a person of very modest means, it is a good idea to write a Last Will. There are a number of benefits to writing Will. In particular, a Last Will:
- allows you to dictate, via clear instructions, how you want your debts settled and assets distributed following your death;
- allows you to choose a representative to wind up your affairs;
- allows you to appoint guardians to take care of your minor children;
- allows you to make property management arrangements to cater for young beneficiaries who will inherit under your Will;
- assists in preserving or even enhancing the value of your estate through the incorporation of tax and/or estate planning techniques; and
- gives you peace of mind by allowing you to organize your affairs in a manner that you see fit. This gives you the security of knowing that you haven’t left behind a legal and emotional nightmare for your family and friends.
If you don’t write a Will, the probate court will make all of the above decisions for you in accordance with the provisions of state law. These decisions may not be in accord with your wishes.
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