Why should I make a will?

It is important to make a will even if you feel that you do not have much in the way of assets or savings. If you die without a will your estate will be subject to certain rules called the laws of intestacy, which dictate how your money, property or assets are distributed. This may not be how you would have wished your possessions to be distributed.

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What happens if my circumstances change?

When a will has been made, it is important to keep it up to date to take account of any changes in your circumstances. If you marry or divorce, this will almost certainly invalidate portions of your original will.

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How do I change my Will?

The only way you can change a will is by making a codicil or by making completely new will. A codicil is an addendum to a will which makes some minor changes but leaves the main body of the will unchanged. This might be done for example, to change the recipient of a legacy or to change one of your executors or guardians.

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I already have a will. Is that all I need?

A will only disposes of your tangible personal and real property. Very often, issues come up at the end of life which requires others to speak on your behalf. Determining what type of end of life care you want and determining who you would like to speak for you if you are unable to speak for yourself are important issues that are often overlooked. Granting a power of attorney and choosing a patient advocate can help guide your family in making the decisions you want if you are unable to tell them what you need.

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If I’m too sick to make a decision, the doctor will listen to my children, right?

No. The only person who can make medical decisions for you is you, unless you give someone else that authority before you are too sick to make the decisions. Having a living will, a DNR order or appointing a Power of Attorney or Patient Advocate is the only way to ensure that your loved ones can make decisions for you when you cannot do it yourself. You should discuss your wishes with your family before you get sick.

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A Financial Power of Attorney lets you decide who you want to manage your financial affairs before you cannot manage them on your own. The Financial Power of Attorney allows you to direct someone else to pay your bills, manage your accounts and conduct your business. If someone has already been found incompetent, the probate court can appoint a conservator to control their finances.

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Sometimes probate can be completely avoided with a trust. A trustee holds your assets for the benefit of those you wish to give them to. You can give your assets to the trustee while you are living, or have them all transferred to the trustee upon your death. You get to decide who the trustee will be.

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My grandmother is having a hard time making decisions for herself. How can I help her?

If an elderly relative needs help making decisions, the probate court can appoint a guardian to help them. Guardians are usually close family members who are already helping anyway. A guardianship gives your family the legal right to make decisions that your relative cannot make on her own.

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I was appointed as a personal representative for a family member’s estate. What do I do now?

Being a personal representative of a family member’s estate brings certain duties and responsibilities. You are now a fiduciary of the estate and have a duty of utmost loyalty. You have to put the interests of the estate above your own. Probate laws demand strict compliance. Your duties begin with arranging for burial, determining if a will exists and filing a petition with the probate court. Since you are responsible for administering the estate and filing the estate’s taxes, you may desire professional assistance from an attorney, accountant or an investment counselor.

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