UPDATED:  October 30, 2009 1:36 AM
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Why Everyone Should Have a Will 

By: Shu-Ping Chan

The legal document called a “will” determines who will receive your assets, and how much, after your death. Everyone should have a will, even if it is only a simple one-page will, to ensure that your wishes regarding your property are fulfilled when you are no longer around.

This is especially true for those who do not have a surviving spouse or children, as the laws of your state, and not you or your relatives, will then determine who will receive your assets if you die without a will.

And for those without an immediate family who also have brothers, sisters, nieces or nephews who live in another country, having a valid will becomes more critical as most state laws will likely determine that these more distant relatives are your beneficiaries. In such a case, these relatives and all potential beneficiaries have to be notified and then agree to name someone to administer and eventually distribute your assets. But because of relatives living overseas, administering your estate without a will can be a very lengthy and costly process because of the international mailings and certifications needed.

If you want to leave any of your assets to a charity, religious organization, friend, institution or a specific distant relative, you must have a will or other legal document stating your wishes. Otherwise, these intended beneficiaries who are not your immediate relatives will not receive a dime, although you may have wanted them to benefit. Also, if you wish to leave a bigger portion or a specific piece of personal property for a favorite relative or friend, only a legal document such as a will can achieve this wish.

You can make a simple will for yourself from many sources, or through an attorney who is licensed in your state of residence. It is highly advisable for individuals wanting a more complex will for a larger estate to consult a competent attorney. In addition, there may be complicated tax and other legal issues involved. Regardless, everyone should have a will so that you, and not the government, will determine who is to receive your assets.

 

Shu-Ping Chan is licensed to practice law in Maryland, New York & Connecticut.  

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