There is no excuse for not having a will.  Here are the top 10 excuses and the reasons why you need to write a Last Will and Testament!

     Excuse # 1 – I am so young, I don’t even need a will.  Death is a certainty for everyone.  The only thing we don’t know is when it’s coming.  Unless you have a will, state law will determine how everything you own is devised.  Your will is your way of saying who gets what you own.  Unless you do not own anything at all or are under 18, you need a will.  Now look around and think about who you want to get your stuff.

     Excuse # 2 – I don’t have time.  As someone wiser than me once said, you can sleep when you’re dead.  But, you can’t write a will when you’re dead.

     Excuse # 3 – I don’t own enough. If you own anything, you should decide for yourself who gets it.  Your earthly goods may have little monetary value, but they may have sentimental value.  To prevent family feuds, provide detailed instructions about who gets what personal property and update it often.

     Excuse # 4 – I’m single and don’t have any kids.  If you have no kids or spouse, Florida law dictates that your estate will go to your blood relatives in a particular order (see Florida Statutes 732.103).  Your friends or domestic partner will be left out unless you write a will.   

     Excuse # 5 – I have kids, but my mother will take them if I die.  Without a will, a Judge will decide who raises you kids and controls their inheritance.  All parents need to use a will to choose guardians for their children.  Parents may also appoint one person to care for the children and another person to be in charge of their money.

     Excuse # 6 - My family will know how to distribute my belongings.  Your family does not get first call.  The state does.  If you count your friends, including partners or boy/girlfriend, as family, you definitely need to get a will or they will not be left a single thing by the state.  Not having a will may end up making things more difficult for the family, friends and loved ones you left behind.    

     Excuse # 7 – I own my house jointly with my spouse or a co-owner.  The property you own in joint tenancy or a tenancy by the entirety will pass to your spouse or co-owner.  You likely still have other assets that are titled only in your name or other stuff you want to go to specific people.  Also, use of joint ownership may cause an increase in estate taxes over the joint lives of the married persons, force double probates if you and your spouse die at the same time, raise exposure during life to the debts of the other owner, and cause other hassles about estate taxes.

     Excuse # 8 – I do not need a will because I have life insurance.  Life insurance provides money to the person named as the beneficiary in the policy.  A will is still necessary to dispose of other assets that a person owns at death and name those persons that will inherit those assets.   

     Excuse # 9 – I don’t want to increase probate expenses.  Having a will does not increase probate expenses.  If anything, having a will reduces probate expense.  Even if you have no will, your heirs will still have to go to court to administer your estate.  The procedure for administering an estate is often more expensive than administering a will.  A properly drawn will names the beneficiaries and delineates procedures to simplify the administration process.  Not having a will likely makes this process take longer and cost more. 

     Excuse #10 – I cannot afford to write a will.  Contrary to popular belief, it doesn’t cost much to write a will.  It is certainly not a pleasant thing to think about.  Why not delegate it to a qualified professional?  Many attorneys offer reasonable, flat fees and free consultations.  There is plenty of competition, so if you don’t like one attorney, consult with another one.  Attorneys will ensure that your will is properly executed and will alert you to issues you may not have thought of before (like taxes or health care directives, for example). 

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Thinking about making your own will?  Before writing your own will using some do-it-yourself will form kit, read my blog post on the subject, which was featured by The Consumerist, a leading online resource for consumer-driven advice.  Will Form Kits v. Attorney:  Is it worth the money to have an attorney write your will?