By Attorney Mark A. Healey
Local Attorney
For most people, thinking and talking about estate planning is unpleasant, to say the least. Taking the next step to create the plan is something many people have procrastinated about for years. After all, who wants to deal with such a depressing subject?
Over the years, we’ve heard from many clients who feel that they don’t have enough assets to justify creating a Will or that they have plenty of time to figure it out later. However, life is unpredictable, and not having a Will in place can create serious problems and conflicts for families. Without one, Connecticut laws determine how assets are distributed and that can lead to unnecessary complications and unintended outcomes. Taking the time now can save a lot of stress and financial burden later. Contacting an experienced, trustworthy attorney to begin the process can help alleviate the awkwardness or uneasy feelings you may have on the subject.
Although there are many reasons why you should have a Will, here are five good reasons to consider:
Keeps Family Out of Conflict – When a loved one passes away without a will, the laws of the State of Connecticut dictate how assets are distributed. In short, assets are distributed along blood lines. This means that certain relatives, close friends or even a significant other may be left out. It can also mean that certain relatives can be left IN. A Will eliminates uncertainty by spelling out exactly who is to receive the assets and how they should be divided. A Will can prevent legal disputes and strained relationships.
Protects Young Children – If you are responsible for minor children or grandchildren, a Will allows you to choose a guardian for the minor should something happen to you unexpectedly. Without a Will, the court will have the final decision, which may not align with your wishes. Naming a guardian in advance ensures children are cared for by someone they know and trust and more importantly, someone you know and trust.
Avoids Costly Delays – The probate process, which oversees the distribution of the decedent’s assets, is governed by State of Connecticut Law which establishes a minimum timeline. The minimum timeline is quite often extended to an average or longer timeline for many reasons. One reason is usually due to the lack of a Will. In extreme cases, the lack of having a Will can delay the probate process for months—or even years— if legal proceedings become necessary to determine the outcome of distribution of assets. A properly executed Will can streamline this process, saving time and the expenses associated with lengthy court proceedings.
Makes Sure Assets Go to the Right People – Family dynamics have changed drastically over the last decade. Children are becoming the caregivers of their parents or helping them financially on a much larger scale. “Inheritance equality” may not always be the decision that works for your family and your circumstances. A Will ensures that money, property, and personal belongings go to the intended recipients and are divided the way you see fit and not how the state law dictates. Whether it’s a home, savings, or sentimental heirlooms, a Will ensures you are in charge of the distribution of your assets.
Gives Peace of Mind – Another decision you make when preparing your Will is who will have the authority to carry out your decisions? Who do YOU trust to make sure your wishes are carried out in the manner you wanted them to be? Your Will is the document that conveys this relationship to the Probate Court. You are naming the person/persons you trust to do this very important task. If you are putting your trust in the Executor/trix you have appointed, the Probate Court will do the same. It may also save the Estate money by alleviating the need for a bond and the cost that is associated with it, make it easier to gather asset information, and allow for a timelier liquidation of assets. Knowing you put someone in charge, who you trust will get the job done, gives you a piece of mind and lessens anxiety on the process.
Creating a Will is a crucial first step, but it’s just as important to keep it updated. Life changes—such as marriages, divorces, new grandchildren, or significant financial shifts—can affect how assets should be distributed. I recommend reviewing a Will every five years to ensure it still reflects current wishes and circumstances. Keeping your Will up to date ensures that no important details are overlooked and that loved ones remain protected.
If you own assets, on your own or joint with someone else, it is an extremely good idea to have a Will prepared. The Will represents your voice and your decisions. Think of your Will as a gift to those you leave behind. During a time of loss, a Will can bring clarity, direction, and simplification to an already confusing and stressful time. In my line of work, I have come across many different opinions on whether or not you “need” a Will, or what a Will does or doesn’t do. I have heard many people offer the advice of their neighbor as to why they do not see a need to have this important document in place. Although your neighbor means well, they may not have the most up to date information and knowledge of the law that will help you make the right decision for you and your family. My team and I are here to answer any questions you may have in order to help you do just that.
Call my office today at (203) 937-6500 or email [email protected] to schedule your initial consultation. Don’t wait until it’s too late—start planning today.