Death isn’t a topic anyone enjoys talking about, but left without discussion, it can cause many unwanted ramifications for your relatives in addition to the already expected despair. Many people do not understand how seriously it can hurt their relatives if they die without a will. There are many difficulties to deal with when a person passes without a will that can tie up their estate in Probate Court for a lengthy period of time and cost relatives a great deal of money and effort. Before you decide you don’t need to worry about creating a will yet, consider the following.

Why Everyone Needs a Will

Firstly, if you die without a will, you do not get to choose who inherits your property. Instead, the state of Kentucky does. If you are a married man, for example, the statutes of Kentucky state that your wife will only inherit a portion of your estate, and your children or other beneficiaries will inherit the rest. In addition, you are not able to determine who is the executor of your will. The executor is the individual who handles your estate during probate. The court can appoint various people to be the personal representative of your estate and in many cases, there are legal battles between various beneficiaries as to who will be appointed.

Furthermore, without a will, the personal representative of your estate will have to post bond, which is extremely difficult to obtain. In order to get this bond, they must go to a commercial bonding or insurance company and submit financial statements to make sure that their family is capable of paying for the bond if they default. In many cases, the insurance company turns down individuals because they believe the risk is too great.

If you have minor children, then the court will decide who becomes the guardian. This can be devastating if you have a relative who you do not want to raise your children but the court appoints that relative anyway.

Investing Time and Money in Writing a Will Now Will Save Your Family in the Long Run

Finally, it is much more costly to administer an estate without a will than an estate with a will. Your attorney will spend much more time in court arguing issues such as those mentioned above and many other issues that may come about because the will does not specify what should occur.

In short, all individuals should have a will to prevent any of these issues from occurring after their death. The estate planning attorneys at Skeeters, Bennett, Wilson & Humphrey suggest you have the tough conversations now. It’s worth it for those you love.