Thursday, May 19, 2011

Do I Need a Will?

One of the most common legal questions asked of me is, “Do I need a Will?”  It’s a very simple question, and my very simple reply is, “I don’t know, do you?”  Sounds painfully vague doesn’t it?  Well it really depends on what type of person you are.  I’ve devised a simple test to see if you would benefit from writing a Will.  Choose which one suits you the best:

A)    I trust the government to know what’s best for my property after I pass away and I trust that they will distribute my property to my family members equally and fairly.

B)    I’ve worked hard to earn everything I own and I want certain friends and family members to receive specific items with sentimental value after I pass away so there is no bickering among them.

If you chose A) then congratulations because you’ve just saved a few minutes that you would have wasted thinking about writing a Will and you can stop reading now.  If you chose B), then I regret to inform you that you are going to have to set aside a few minutes of your day thinking about your Will.

You might be confused with my measurement of “Will writing” in minutes, but don’t worry, it isn’t a typo.  A Will doesn’t have to be a difficult thing to write and I’m certain that you could write a legally effective Will for yourself without having to ever step inside of a lawyer’s office, however, I wouldn’t advise it.  If you’re anything like me, you’re probably going to stop reading in the next 5 words and get started with writing a Will.  Trust me, I know how you feel because I’m hard-headed and I like to figure things out on my own too. 

Unfortunately, writing a Will isn’t like cooking stew where you can add ingredients and spices in between tastes until it is just right.  Writing a Will is more like baking a cake where you put ingredients in a pan, pop it in the oven, and then 30 minutes later you get to see if you did everything right.  Just like the cake, you only get one chance with the Will and if you forget one of the elements then it reverts back to as if there never had been a Will. 

Therefore, I recommend speaking with an attorney about writing a “Simple Will.”  A Simple Will isn’t expensive and doesn’t take much of your time or effort.  Your attorney should be able to explain the necessary parts to a Will and describe the steps that you need to take to execute one that will stand firm after you've passed on.

So pop a cake in the oven, spend that waiting time making a list of your most prized possessions along with who should receive it, and while that cake is cooling call your friendly neighborhood attorney to arrange a consultation.



--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Estate Management Division
1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 
(806) 318-8482 

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