Why Every Adult Needs a Will

A will is not only for wealthy or older people. It is a basic tool for naming who should handle your estate, caring for dependents, and making your intentions known.

Many people assume they do not need a will because they are young, do not own a house, or do not consider themselves wealthy. Yet a will is not primarily a statement about how much you own. It is a statement about responsibility.

A will allows you to give lawful instructions for property that becomes part of your probate estate. It can identify the person you want to administer the estate, name guardians for minor children, direct particular gifts, and explain how remaining property should be distributed. Without a valid will, state law supplies many of those answers.

What happens without a will?

When someone dies without a valid will, the person is said to have died “intestate.” State law then determines who inherits probate property and who has priority to manage the estate. Those rules may produce an acceptable result, but they cannot take into account every relationship, promise, need, or faith commitment.

The people closest to you may also face additional uncertainty. They may disagree about personal belongings or wonder whom you would have trusted to serve. If you have minor children, a court will ultimately decide guardianship based on the children’s best interests, but a will gives you a formal opportunity to nominate the person you believe should care for them.

A will does not control everything

A will generally applies to probate assets—property held in your name without another legal method of transfer. Other assets may pass by joint ownership, a transfer-on-death arrangement, a trust, or a beneficiary designation. Retirement accounts and life insurance, for example, are usually paid according to the beneficiary form on file.

That is why a will should be part of a coordinated plan rather than treated as the only document you need.

What makes a will valid?

Requirements differ by state. In Maryland, the Register of Wills explains that a will must be in writing, signed by the person making it, and attested and signed by two credible witnesses in that person’s presence. Oral, audio, and video wills are not valid in Maryland.

An online tool may help prepare the document, but completing the questions on a website is not the final legal step. The finished will must be executed according to the law of your state. Keep the signed original in a secure place, and make sure your proposed personal representative knows where it is.

When should you work with an attorney?

Many adults with straightforward situations can begin with a reputable guided will tool. Professional legal advice is especially important when you have a blended family, a dependent with a disability, a business, significant or unusual assets, property in multiple states, a potential family dispute, complex tax concerns, or questions about trusts.

Seeking advice is not a sign that planning has failed. It is part of responsible stewardship when your circumstances require it.

A Catholic reason to make a will

Catholic legacy planning begins with love of family and respect for obligations. It can also express gratitude and mission. After providing for those who depend on you, you may choose to leave a gift to your parish or another Catholic ministry. A charitable bequest does not need to be large to bear witness to what mattered in your life.

Your will can also identify your desire for a Catholic funeral and burial, although those wishes should be discussed with family and recorded in a separate funeral planning worksheet as well. A will may not be read until after funeral decisions are already underway.

Do not wait for the perfect time

The best time to create a will is when you are legally competent, able to reflect, and free from crisis. You can revise it later when life changes. Marriage, divorce, births, deaths, a move to another state, and major financial changes are all good reasons to review the plan.

A simple next step

Use My Catholic Will and the Creating Your Catholic Will Guide available through DontLeaveAMess.org, or schedule an appointment with a qualified estate-planning attorney. Do not stop at the draft—follow your state’s signing and witnessing requirements.

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