- I don't have kids
- The only property I own is my automobile and apartment furnishings
- My most complex instruments held are my 401(K) and Roth IRA - composed of mutual funds
How do I know when I need to get in gear?
I started researching the effects of NOT having a will and the distribution of assets when you die intestate: the State laws determine who, what, and where your assets will be paid to in levels of familial relations (spouse; children; parents; brothers & sisters).
Sounds doable, right? WRONG, your liabilities are also settled at the time of your death which could mean "fire sales" where personal belongings and family momentos are SOLD for less than market price to get cash quickly. When I thought about this, it seemed so unfair! and cruel! Here I am, dead in my coffin, with only my remainings for my family to cherish (God willing they would miss me upon death), and my family would have no say in where assets of sentimental value or high market value would end up - meaning more emotional turmoil in the end.
Since the state assigns an intestate estate (your belongings) a public individual to administer the proper State Laws in distribution - they don't know what is sentimental and will attempt to quickly wrap up the process.
REMEMBER, the State wants to distribute the assets and liabilities as quickly as possible, in order to receive the tax money.
How can you stop this process?
Have a will made!!! Whether you "do-it-yourself" or hire a professional should be made with a full picture of the risks:
- A will must be valid as pertaining to State Laws in order to work
- Errors or omissions will work against the survivors since these items are usually disputed
- Complexity = confusion
The assistance of an attorney makes sure you've added ALL components required, discovered all assets and liabilities to account for, and gives you a hand to hold in meeting the lions, tigers, and bears (oh my!) you will meet in the forest.
Some components of a valid will include:
- an introduction of clear intent
- directions on how to pay debts and expenses (disposal of your remains, outstanding bills, etc)
- how estate taxes and expenses will be paid
- who will get what
- name and outline executor and trustees
- provisions for disposal of each asset (if they are a minor, etc)
- outline the powers of the administrator/executor
- etc....pertaining to STATE law!
Eventhough it is a lot to take into consideration, a will can mean peace of mind for those you leave behind in this world for the next. A simple will can cost as little as $300 and saves your family much more than leaving your possessions intestate.
Conclusion? I got my will made and some other fun documents (physician directive, remains disposal letter, etc). Thankfully, it does not need to be revised unless I make a large asset acquisition or I change my mind on who gets what.
So think about it...as eerie and disturbing as it is.... it might just help you sleep better at night (specially if you are type A like me)