When There Is No Will

Surprisingly, less than half of all Americans have a Will, much less a living will. Many of them will go to their graves still without one. But they will go to their graves at some point. This fact of mortality is one of the biggest reasons many people have no Will—they do not want to think about dying.

The Truth

The truth is that many people who die without a Will have simply not taken the time to consider how the complications that their unattended-to responsibilities will affect loved ones. When most families and friends are grieving, some of them will be forced to deal with messy financial and personal property issues. In cases where the deceased leaves debts, the state might get involved.

Basic Legal Results

In most cases, a spouse legally receives about half of the deceased’s personal assets, while the rest are divided among children. Unfortunately, many of today’s families are complicated extended networks of divorces, stepchildren, adopted children and even same sex relationships that are unrecognized by most state governments. In situations such as these, when there is no will, there is a mess.

In the event of a serious accident or medical illness that renders a person incapable of making medical decisions or financial or legal decisions a living will can be testament to the medical care a person has chosen to accept. However, there are countless situations in which living wills might have played a role, but instead families are engaged in bitter battles over life sustaining measures versus quality of life issues.

Take the Time

Taking just a few minutes to even handwrite a holographic Will, one that is handwritten and signed, might be better than none at all. As long as you make sure you accurately list your wishes, making them as clear and concise as possible. Other basic Wills are not very costly and can easily save loved ones heartbreak and unnecessary burdens at an already difficult time.

Living wills can be drafted nearly as easily. Do-It-Yourself forms are available through office supply stores or online. Fill in the blanks, name a power of attorney—the person you appoint to make your decisions for you--sign it, date it and store it where someone knows where to find it.

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