Why It’s Essential to Have a Will in Place Before It's Too Late

Planning for the future can be a difficult and sometimes uncomfortable task, but one of the most important steps you can take to protect your loved ones is ensuring that you have a will in place. A will is a legal document that outlines how some of your assets will be distributed after your death, names guardians and trustees for your children, and provides peace of mind to your family during a difficult time. In Rochester, Brockport, and surrounding areas, Klafehn, Heise & Johnson P.L.L.C. is here to help you create a will that ensures your wishes are honored and your loved ones are cared for.

In this article, we’ll explore why it’s essential to have a will in place, the consequences of not having one, and how working with an attorney can ensure your estate plan is comprehensive and legally sound.

1. Protecting Your Family's Future

Why Is a Will Important for Your Loved Ones?

A will is one of the most effective ways to ensure that your family is protected after your death. Without a will, the default inheritance structure under New York State law will decide how your assets are distributed, and often makes the process more lengthy, expensive, and emotionally taxing for your family than it would be if you had created a will before your death. If you have minor children, the courts will also decide who will be their legal guardian, which may not align with your wishes.

A will allows you to:

• Designate guardians and trustees for minor children: If you have young children at the time of your death, a will lets you appoint a guardian and a trustee to care for them and the assets you leave behind in the event of your passing.
• Decide how your assets will be distributed: Your will ensures that your property, savings, and other assets are given to the people or organizations you choose.
• Minimize family conflicts: A clear and detailed will can help prevent disputes between family members over your estate and reduce potential legal battles.

By having a will in place, you ensure that your family is not left with unnecessary stress and confusion during an already difficult time. Contact Klafehn, Heise & Johnson P.L.L.C. to begin the process of creating your will and ensuring your loved ones are cared for.

2. Avoiding the Consequences of Dying Intestate

What Happens If You Die Without a Will?

If you pass away without a will, you are considered to have died intestate, which means that the the defaults under New York State law will determine how and to whom your assets are distributed. New York’s laws of intestate succession dictate how your property is divided, and these laws may not reflect your wishes.

For example:

• Your spouse may not inherit everything: While your spouse will likely inherit a portion of your estate, certain assets may go to your children, even if you would prefer them to stay with your spouse.
• Assets may go to estranged family members: Assets could be passed on to relatives you may not be close to, such as estranged relatives or relatives that you are not familiar with.
• Guardianship issues: If you have young children, the court will decide who takes care of them. This may not be the person you would have chosen.

By creating a will, you avoid the uncertainty and confusion of intestacy and ensure your estate is handled according to your wishes. Take the first step in protecting your future by contacting Klafehn, Heise & Johnson P.L.L.C. to help you create your will today. Get in touch to schedule a consultation.

3. Minimizing the Lengthy Probate Process

How Does a Will Help with Probate?

Every estate that has assets must go through an estate administration process.  Probate is the legal process of distributing a person’s estate after they pass away if they have a will. Administration is what the process is called when there is no will.  While a will doesn’t avoid this process, it can make the process more straightforward by clearly outlining how your assets should be distributed, and who you would like to be in charge of the process (the executor). Without a will, the estate administration process can be more complicated and time-consuming as the court will have to select an administrator from among the eligible persons, and then ensure that the defaults under New York State law are followed in the distribution of the assets of the estate.

Having a well-drafted will:

• Speeds up the estate administration process: Clear instructions may help the court process your estate more quickly.
• Reduces legal fees: With fewer disputes and complications, the cost of probate will be lower.
• Reduces family stress: With clear directions in your will, your family will have less to worry about during the probate process.

If you want to ensure that your estate is distributed quickly and without unnecessary complications, contact Klafehn, Heise & Johnson P.L.L.C. for professional assistance in drafting a will.

4. Planning for Your Healthcare Wishes

Health Care Proxy

A comprehensive estate plan doesn’t just include instructions on how your assets will be divided. You can also use a health care proxy to make your healthcare wishes known. For example, a health care proxy can outline your preferences for life-sustaining treatments in case you become incapacitated, and appoint someone to make medical decisions on your behalf.

By having these documents in place alongside your will, you ensure that your family and doctors understand your wishes in case of an emergency, reducing the burden of making difficult decisions.

If you’re interested in creating a comprehensive estate plan, including a health care proxy, reach out to us today. We’ll help you create a plan that protects both your personal assets and your health-related decisions.

5. Why Waiting is Risky: Start Your Will Today

The Importance of Not Delaying Estate Planning

While it’s understandable that discussing your mortality can be uncomfortable, the consequences of delaying the creation of your will can be far worse. Without a will, you risk leaving your loved ones with confusion, unnecessary legal battles, and potentially unfavorable outcomes. Creating a will now gives you peace of mind knowing that your wishes will be respected and your family will be protected.

Common Reasons People Delay Writing a Will:

• Thinking it's "too early" to plan
• Not wanting to think about death
• Overestimating or underestimating how complicated the process is
• Believing that they don’t have enough assets to warrant a will

Creating a will is easier than you think, and our team at Klafehn, Heise & Johnson P.L.L.C. is here to make the process simple and straightforward. Contact us today to start your will and ensure your affairs are in order.

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Legal Disclaimer: This article provides general information about the importance of having a will in New York State and should not be construed as legal advice. For specific legal advice tailored to your estate planning needs, consult with an attorney. Each person’s situation is unique, and laws can vary from state to state. For guidance on drafting your will, contact the attorneys at Klafehn, Heise & Johnson P.L.L.C. in Rochester, NY. You can contact us here. Portions of this article are considered ATTORNEY ADVERTISING under the New York State Unified Court System Rules of Professional Conduct (22 NYCRR Part 1200). Prior results do not guarantee a similar outcome.