Why You Need a Will: Avoiding Intestacy and Protecting Your Loved Ones

A will gives you control over who manages your estate and who receives your property after you pass. Without a will, the state decides—and the results may not align with your wishes.

What Happens If You Don’t Have a Will?

If you die without a will (known as “intestacy”), the court steps in. Here’s what that can look like:

• Anyone can apply to manage your estate—a family member, a friend, or even a creditor.

• The court uses a pre-set formula (intestacy laws) to distribute your assets to family members—whether you like it or not.

• If you have an unmarried partner, they have no legal rights unless you’ve created a will and estate plan.

Even if the court’s decisions happen to align with what you might have wanted, the process is often more complex and costly. A properly drafted will can simplify the probate process and help ensure your estate is handled according to your wishes.

How a Will Simplifies Probate

A well-prepared will can:

• Request an informal probate process to speed up court proceedings.
• Ask the court to waive the requirement for a bond, saving your estate money.
• Reduce delays and help protect your beneficiaries from unnecessary legal and financial stress.

Why Estate Planning Matters Now More Than Ever

The COVID-19 pandemic has highlighted the importance of having a plan in place. As a Pittsburgh Post-Gazette article notes, nearly a million deaths from COVID-19 have shown many families how hard it is to navigate estate issues without a plan. Without a will:

• Property is distributed by the state’s rules, which may not match your wishes.
• Your next of kin—whether you like them or not—could inherit your estate.
• If you are in an unmarried relationship, your partner has no legal claim unless you’ve made provisions in your will.

Start by Defining Your Goals

Creating a will starts with understanding what you want. Consider:

• What assets you have, including special items like a vacation home.
• Whether your children or heirs actually want those assets.
• How to set expectations for your heirs through clear communication.

A family meeting, ideally facilitated by an estate planning attorney, can help uncover important details and manage expectations. You might discover that your grandchild is dreaming of a luxury car and may benefit from a trust that distributes their inheritance over time instead of in a lump sum.

Choosing the Right Executor

Your executor is the person responsible for managing your estate. They should be:

• Organized and financially responsible.
• Able to make sound, impartial decisions.
• Committed to following your wishes, even if others in the family disagree.

It’s crucial to ask this person ahead of time if they’re willing to take on the responsibility. If you don’t have a suitable candidate, your estate planning attorney can help identify other options—such as a bank or trust company, depending on the size and complexity of your estate.

A Will Is Just the Beginning

A comprehensive estate plan includes more than just a will. To fully protect yourself and your family, you should also have:

• Power of Attorney for financial decisions.
• Health Care Proxy to make medical decisions on your behalf.
• Living Will (Advance Directive) to document your wishes for medical care.

These documents work together to ensure your loved ones can make decisions and handle responsibilities when you can’t.