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Do I need a Will?3/19/2024 Do I Need a Will?
Most of us have asked ourselves the question, do I need a Will? The answer for most of us is yes, you should have a Will. Having a Will is especially important if you own any property (real or personal) and/or if you have children. Why Should I have a Will? A Will is a legal document that describes how you would like your property and other assets distributed upon your death. We all work hard for what we have, and a Will gives you control over what happens to all that you worked for in your lifetime. A Will allows you to specifically allocate your personal property to your chosen beneficiaries. It also allows you to leave instructions on how your "residuary" estate, or any property not specifically accounted for, shall be distributed. If you do not leave a Will, your property will be subject to distribution via the laws of the state in which you are domiciled upon your death, which may or may not distribute your assets how you'd like them distributed. Wills also give you an opportunity to take inventory of your assets. Creating a Will gives many people a chance to take a look at what they own and consider the value of their assets. We don't often have an opportunity to do this, and going through this exercise is very beneficial and rewarding as you may come to realize what your hard work has allowed you to accomplish. If you have children, you can also include protective provisions in your Will to provide for your children in the event something happens to you and/or the children's other parent while they are still young. You can designate who will become your children's legal guardians. You can also set up provisions for the management of your estate for your children until they reach an age where they are able to inherit your estate. These are just a few among many other benefits a Will can provide to you. There is no better peace of mind than knowing your estate is accounted for and will pass to your beneficiaries as you direct. An added benefit of Wills - they are personal to you. No one else has the right to see your Will during your lifetime. You can also change your Will at any point during your life. Therefore, there really is no downside to creating a Will. Can't I Draft a Will Myself? There are options online to allow you to draft your own Will. However, there are specific requirements in Montana law that must be met in order for your Will to be valid and to protect your Will from contest. There are also many options that may be included in Wills depending on your unique circumstances. Therefore, I highly recommend working with an attorney to draft a Will tailored to your specific circumstances and wishes. Hiring an attorney to draft this important estate planning document is an investment to protect the legacy you have and are continuing to build, and to protect your family. Reach out today to get started!
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