In my life, I’ve had to deal with the estates of several people, in both a personal and professional capacity. Of all the several passings, few of the people had a will. And that’s a problem.
Wills are not the only end-of-life document out there, nor is one the solution for all potential issues that may arise during an estate administration. If people want to fight, they’ll fight. But it’s a starting point; a cornerstone of even the most basic estate plan. Everyone should have one.
TO BE CLEAR: I’m an attorney in Texas, and I don’t have one. I don’t have kids, and none of my legal heirs shares my interests- IOW, nobody really wants most of my stuff. Texas’ intestacy laws would generally satisfy my testamentary intent. But I’m still working on drafting one. Why?
The death of someone close can be an emotional time, and can bring out the good or bad in people. And unfortunately, the bad can be awful. I’ve seen some cases where certain relatives looted a deceased person’s house while everyone else was at the ceremony. I’ve seen siblings jeopardizing their inheritance by round-robin squabbles over opinions that are actually not supported by law.
Wildcard: the states involved have laws that state partial owners can force sale without the consent of other owners. All they have to do is give the other owners their legal share of the proceeds of the sale. Imagine an intestacy where people are fighting over a house, and one of the heirs is contemplating initiating a forced sale so they don’t have to deal with the other heirs because they’re “sick of the BS”. I don’t have to imagine it- I’m looking at 3 of those right now in my own family. Some of the battles have been going on for decades.
Finally, another viewpoint from my old Wills & Estates professor, a spritely human being named Stanley M. Johanson. He advocated that, while wills were good, it was better to “remember” people when you’re alive. If/when you can, he advised, give them something you know they’d want you to leave them in your will. That way, you get the joy of seeing their expression. My Mom has been on both sides of that.
And of course, check out the laws in your own state or country for the info that applies to your specific situation. Ideally, with someone who deals with wills & estates regularly.
Wills are not the only end-of-life document out there, nor is one the solution for all potential issues that may arise during an estate administration. If people want to fight, they’ll fight. But it’s a starting point; a cornerstone of even the most basic estate plan. Everyone should have one.
TO BE CLEAR: I’m an attorney in Texas, and I don’t have one. I don’t have kids, and none of my legal heirs shares my interests- IOW, nobody really wants most of my stuff. Texas’ intestacy laws would generally satisfy my testamentary intent. But I’m still working on drafting one. Why?
- Depending on where you live, intestacy can actually create expenses for your estate. In Texas (and other states), the executor of an intestate estate is legally required to prove the decedent had no unknown children, and that means hiring a private investigator.
- Wills clarify issues. They’re no panacea- people challenge will provisions all of the time or outright ignore them- but the will has legal force behind it and is admissible in court. Even before landing in court, knowing “Aunt Alice” wanted to donate her car to the Lighthouse for the Blind could prevent bickering over which of her nieces and nephews should have it.
- One of the first tasks in drafting wills is usually appointing an executor. Sometimes multiple contingent or co-executors. The executor performs several vital functions in managing the probate process. Estates without executors raise all kinds of problems in probate, and often, the court will appoint someone. Who this will be can become yet another source of friction between presumptive heirs.
- Even if you’re like me and you’re certain nobody wants most of your stuff, odds are good SOMEONE wants SOMETHING you own, even if it’s just a memento. They just may not have told you.
The death of someone close can be an emotional time, and can bring out the good or bad in people. And unfortunately, the bad can be awful. I’ve seen some cases where certain relatives looted a deceased person’s house while everyone else was at the ceremony. I’ve seen siblings jeopardizing their inheritance by round-robin squabbles over opinions that are actually not supported by law.
Wildcard: the states involved have laws that state partial owners can force sale without the consent of other owners. All they have to do is give the other owners their legal share of the proceeds of the sale. Imagine an intestacy where people are fighting over a house, and one of the heirs is contemplating initiating a forced sale so they don’t have to deal with the other heirs because they’re “sick of the BS”. I don’t have to imagine it- I’m looking at 3 of those right now in my own family. Some of the battles have been going on for decades.
Finally, another viewpoint from my old Wills & Estates professor, a spritely human being named Stanley M. Johanson. He advocated that, while wills were good, it was better to “remember” people when you’re alive. If/when you can, he advised, give them something you know they’d want you to leave them in your will. That way, you get the joy of seeing their expression. My Mom has been on both sides of that.
And of course, check out the laws in your own state or country for the info that applies to your specific situation. Ideally, with someone who deals with wills & estates regularly.
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