The end of a parent’s life is a stressful time for everyone in the family. There are numerous decisions that have to be made, questions to answer, and forms to sign. The last thing any child of a parent who has recently passed wants to think about is “What are we going to do with all of mom’s stuff?” This question can become even more complicated if there are multiple children who do not always get along. Careful planning and clear communication can spare the ones we leave behind headaches, hard feelings, and worst of all lawsuits.
The law provides a system for passing property to our descendants without a will. It is called intestate succession. But while there are procedures and rules in place to take care of these situations, a formal will is the best and easiest way for a person to distribute their property after they pass and dodge some of the hurdles and pitfalls that can appear without one. With a will, the writer (or testator) can choose who will represent their estate after they pass, how property will be distributed, and where that property will go.
Drafting a will can seem daunting, and sometimes a little creepy; after all, who really wants to think about death, right? But doing so will save everyone a lot of time and arguments if done correctly.
Blake Lubinus, Attorney