Why does everyone need a will?
With
a Will |
Without a Will |
- You can direct
the distribution of your assets to those you care about most.
- You can choose a personal representative (executor) who will oversee the distribution
of your assets.
- You avoid unnecessary expenses on the administration of the estate.
- You can provide appropriately for minor children by naming a guardian or establishing
a trust.
- You can provide for family members, friends, or relatives according to their needs.
- You can save considerable estate tax by utilizing proper estate planning techniques.
- You
can provide support for charitable causes that have a special meaning for you.
|
- State intestacy
statutes determine the distribution of your property.
- The court appoints an administrator for you.
- Because the administrator is subject to constant court supervision, the cost of
administering the estate may be greater.
- You cannot provide for minors. The court will appoint a guardian for them, and
the guardian will make decisions about a child’s care that you should have made.
- Your heirs will benefit equally by class not necessarily in the proportions you
would have intended.
- Your estate may lose thousands of dollars in needless taxes because you did not
take advantage of the tax-saving opportunities available to you.
- You cannot support a charitable cause.
|
Some
of the reasons people use for not having a will include:
- "I
don't have much property."
Each
of us has property worthy of distribution to someone-an automobile, bank account,
stereo, home computer, furniture, jewelry, paintings, china, etc. Even if everything
were sold at an estate auction, it would probably yield several thousand dollars
which could be useful to your
favorite charity.
- "My
property is in joint names.
This is a trap into which many people fall.
Having property in joint name is no excuse for not having a will. In the event
of a common disaster, you will have no distribution plan. Or, the other joint
tenant could predecease you. Having everything in joint name is also a bad estate
plan because the first spouse to die loses the benefit of his or her lifetime
estate tax exemption.
- "My
spouse will get everything anyway."
This is an invalid premise. If you
die without a will, your children may share in a major part of the estate. Your
spouse may predecease you, or you may get a divorce. Both of you may die in a
common disaster with the result that everything will be left up to chance. (For
example) Did you know that if you die without a will in Massachusetts, your children
share in the estate? Do you want your 21 year old college student to receive a
percentage of your estate rather than having it all go to your spouse?
- "I'm
young. I have plenty of time."
A review of the obituaries will show that
death is not a state reserved only for the elderly. Many people in their forties
and fifties and younger die from all kinds of unexpected accidents and diseases.
(The number of court appointed guardians after 9/11/01 should be a reminder that
we're surrounded by uncertainty.)
- "I'm
not married so I don't need a will."
This is all the more reason why you
need one. Who knows what haphazard distribution will result from a distribution
under state laws in your case.
- "My
wife and I already split out estates into two revocable trusts. Everything worthwhile
is in the name of either my trust or my wife's trust and will be distributed according
to the terms we have outlined."
Each of you still needs a pour-over will
that simply provides for anything standing in your name alone upon your death
to be distributed to your trust. Then, the trust takes over the distribution plan.
It is very unlikely not to own something outside the revocable trust at death.
Moreover, some people set up living trusts but neglect to fund them.
Source:
Excerpted with permission from The Complete Guide to Planned Giving by
Debra Ashton,
pages 273-4, copyright 2004, Ashton Associates, Quincy, MA
02169 www.debraashton.com
To discuss a possible planned
gift to support the University, contact
David A. Bower, CFRE
Director of University Development
President, USI Foundation
Phone: 812/465-7039
Fax: 812/465-1229
E-mail: David Bower
Please note, individual financial circumstances will vary. The information on this site does not constitute legal or tax advice. Donor stories and photographs are for purposes of illustration only. As with all tax and estate planning, please consult your attorney or estate specialist. All material is copyrighted and is for viewing purposes only. Use of this site signifies your agreement with the
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