Why you should want a Will

Many lawyers will tell you that you absolutely MUST have a will, and proceed to spout off numerous problems with not having one.  Truth is, the problem isn't really yours, is it?  I mean, you won't be around to deal with the problems, so why should you care about the issues that might arise?  Therefore, I will not tell you why you simply must drive to your lawyer's office and draft one right this minute.  No, whether you perceive it as a need, you should want a will.  Let me explain:

1.  For starters, having a will does make things easier on the people that you leave behind.  In Georgia, like other states, have statues regarding intestacy, which is the legal term for a dead person who has no will.  Without a will, the statutes in effect upon your death will govern all aspects of your estate.  Whether your estate consists of bank accounts, a house, car, or personal items, without a will the probate court will have to appoint someone to decide what to do, approve that plan, and basically make things slow and difficult.  If you could make your family's time easier, wouldn't you want to?

2.  Besides making things easier for your family, having a will means that you control where your stuff goes.  It's your stuff, right, so why not dictate who gets what?  Without a will, the intestacy statutes will govern, and no one really gets a say aside from the probate judge.  If you want your Gibson guitar to go to your brother, the only way to ensure this happens is by bequeathing it to him.  Your family may get along now, but trust me when I tell you that they will fight after you pass.  Having a will keeps the fighting to a minimum and allows you to control what you want to.

3.  What I consider the most compelling reason to write a will is this:  your will is your last letter to the family you have left behind.  No other document exists whose sole purpose is to be read after you are gone.  Picture your family huddled around an attorney's desk for the reading of your will.  What they are about to hear is the last message you can send them.  "To my son, Albert, I give you all my love and affection..." etc.  To me, a will is such a great opportunity to blow one last kiss to your spouse, one more hug to your friends.  If I had to choose between making one last statement to my loved ones and not doing so, I'm choosing to give one last speech.

So, don't think about why you need a will.  There are plenty of reasons why no one should leave the house without a will.  Chances are you know about these, and they are clearly not compelling enough if you still haven't written one.  Instead, think of your will as one last opportunity to put a smile on someone's face.  Your family will be glad that you did.

Happy drafting,

JD

John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day.  You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook.