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It is an unfortunate moment in one’s life to have a family member or loved one pass on. It’s a time of grief, sadness, and the culmination of emotional weight constantly broiling beneath the facades we put up for those around us. The last thing we want to deal with is our loved one’s belongings. What do we do once they’re gone? What do we do with their stuff? Did they have a plan in place for when this moment arrived? Unbelievably, over half of all Americans who die each year don’t have a will or an estate plan in place, which can leave you and your remaining family members in some tough situations, both financially and legally. It’s never too early to find an estate planning attorney in Simpsonville, SC, or your area, to help keep your family’s troubles to a minimum after your passing. Dying intestate (which means without a will) means that the state in which you live gets to decide what to do with your property and your belongings. Each state has different rules and regulations dependent upon their specific laws, but usually the automatic response is to give everything to the remaining spouse and children (if any) that are left behind. Should there be neither spouse nor children left, the state may choose to parse out property to the other remaining family members. Sometimes this can work out well, depending on the mentality of the family, while other times may lead to greater strife and in-fighting within the family due to feeling unappreciated or deserving of the deceased’s other belongings. It’s crucial that a will be put into place to keep your family from falling into this emotional black hole. Wills are important in not only preventing the state governments from doing what they wish with the property, but they also help alleviate any doubt on the part of the deceased by allowing them to choose how their belongings will be sorted once they pass. This control can be essential in making correct and proper decisions for your home, your business, or just the things you’ve collected over your years of living. - A will allows the deceased to be as complex or as simple as one would like. It creates rules and standards that go beyond those enacted by state legislators and gives the deceased total control. Should the deceased wish to give only 30% of their financial wealth to their family and the remaining 70% to a charity of their choice, the will becomes a binding agreement that will make that happen once they pass.
- If you happen to be a single parent, your will can stipulate an individual to be your child’s guardian until they turn legal age. Doing so will minimize court time and, in most cases, will put the child in the care of someone they already know and trust, thus doing more to ensure the child’s happiness and well-being from there on out.
- If you are the step-parent of several children, including them in the will ensures that they won’t get passed over during the distribution process. Most states don’t allow for property to be automatically distributed to step-children, godchildren, friends, or charities under intestacy laws, so having a will in place can skirt that issue in an effort to take care of everyone in the manner of your choosing.
Having a will in place is not only good for you, but it’s good for your family as well. There’s no telling when our final day will come, but it’s best to have a plan in place so that our family members won’t have to struggle as much once we’re gone. Find an estate planning attorney in Simpsonville, SC, or your area, today to find out the best way you can plan for your family’s future in the event of your death.
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