If you don’t create your own Will to tell the probate Court who you want to inherit your assets, how you want them to receive those assets, and how much each person should be given, the State you live in will make those decisions for you. And, contrary to popular belief, your surviving spouse probably won’t inherit everything. Typically your assets are split between your spouse, your children or your parents. Letting the State decide who gets what due to failure to have a valid Will means you have passed “intestate.”

We firmly believe that, while a simple Will is not always the best choice depending on the situation, a Will is always better than no plan at all. Studies consistently affirm that 70% of Americans do not have an estate plan. This leaves the family in a precarious place while grieving for their loved one.

A Will may be appropriate for you if:
You don’t have any plan in place now
You’re single
You don’t have any dependents
You’re young and your children are under 10
You’re older and your children are adults / self-
supporting
Your total assets are under $500,000
You can’t afford a more sophisticated estate plan
You want court oversight after you’re gone

In our experience, there is a general misunderstanding on the part of many people as to when Probate is needed and whether having a Will avoids Probate. 

Often, new clients will come in and proudly announce that their family won’t have to deal with probate “because [we] have a Will.” These comments are frustrating, because it immediately alerts us that the prior attorney didn’t fully explain to the client what a Will does and does not do. 

At EPLC, we want our clients’ objectives to match the reality of their estate plan. Accordingly, we often have to be the bearer of bad news and tell these very nice new clients that, in fact, the Will they created with their prior attorney virtually guarantees their families will need to go through Probate. This often comes as a surprise. A Will instructs the Court as to how to deal with the person’s solely owned assets. Solely owned assets go through Probate.