Woman signing estate plan

What are the Benefits of Preparing a Will?

By David Hood
Partnership Chair

It’s natural for that lingering thought to arise: “What will happen to my family and assets when I’m no longer here?” Facing our own mortality is never easy, and the prospect of preparing a will can seem daunting. 

Rest assured, you’re not alone. As North Carolina estate planning attorneys, we understand these emotions and are here to help. 

The good news is that creating a will or other estate plan is a proactive way to ensure your loved ones are well looked after. In this post, we’ll explore the numerous benefits of preparing a will, which can ultimately provide peace of mind. 

Ensuring Proper Distribution of Assets

Having a will helps ensure the proper distribution of your assets. Without a will, state laws, known as intestacy laws, determine how your property is divided. 

This can lead to unintended consequences and conflicts among your loved ones. 

By outlining your wishes in a will, you can prevent family disputes and legal battles, making the process smoother and more harmonious for everyone involved. Plus, wills are essential to protect the interests of minor children in the event of that they inherit from an estate. 

Minimizing Taxes and Probate Expenses

Did you know that with thoughtful planning, you can significantly reduce or even eliminate estate taxes or probate taxes that your loved-ones would might have to pay? 

Another crucial advantage of a will is minimizing taxes and probate expenses. A well-crafted will can also streamline the probate process, saving your beneficiaries both time and money. 

It’s a win-win situation – you’ll be able to leave a more substantial legacy while easing the burden on your loved ones during a challenging time.

Appointing a Guardian for Minor Children

Appointing a guardian for minor children is another vital aspect of a will. If you die, you want to ensure that your children are cared for by someone you trust to carry out your wishes. While the courts are always the final say in appointing a guardian, a will allows you to nominate a guardian for your children that the court can take into strong consideration. . 

By appointing a guardian in your will, you can help ensure your children are cared for in the manner you decide. 

Facilitating Charitable Giving

For those who are passionate about a particular cause or organization, incorporating provisions in your will to allocate a portion of your assets to charity is an excellent idea. Not only does this enable you to support a cause dear to your heart, but it can also yield tax benefits for your estate.

Lesser-Known Benefits: Personal and Financial Organization

One often overlooked aspect is that a will encourages personal and financial organization. The process of preparing a will requires consolidating important documents and evaluating your financial situation. This can be an excellent opportunity to review and update your financial plans. A little organization goes a long way, and who wouldn’t appreciate having everything neatly in order?

Lesser-Known Benefits: Addressing Digital Assets and Online Presence

In our increasingly digital age, most of us have a significant online footprint, including social media accounts, digital documents and photos, financial accounts, and cryptocurrency. A will can provide instructions on managing your digital assets after your death, ensuring that your online presence is handled according to your wishes. We all want to leave a legacy – why not ensure our digital one is taken care of too?

Essential Tips for Preparing a Will

Embarking on the estate planning journey? Here are some essential tips to help you navigate the process and create a comprehensive, well-prepared will:

  1. Seek Professional Guidance: Partner with an attorney or financial planner experienced in estate planning. Their expertise can streamline the process and ensure your will covers all necessary aspects.
  2. Keep Your Will Up to Date: Life is full of changes. Regularly review and revise your will, especially after significant life events such as marriage, divorce, or the birth of a child. Staying current keeps your legacy intact.
  3. Open Communication with Loved Ones: Discuss your intentions with your family and friends. Clear communication can prevent misunderstandings and foster a sense of unity, ensuring everyone is on the same page.
  4. Safeguard Your Will: Store your will in a secure location, like a safe deposit box or a fireproof safe at home. Inform your executor of its whereabouts so they can easily access it when the time comes.

By following these essential tips, you’ll be well on your way to creating an effective estate plan that ensures your legacy and provides peace of mind for both you and your loved ones. Contact our experienced estate planning attorneys today for a free consultation.

About the Author
David W. Hood, Partnership Chair of the Firm, is a trial attorney in a wide-ranging civil practice with over 200 jury trials to his credit. His concentrations include Business Disputes, Construction Law, Personal Injury and Collections. He is also a certified mediator, helping to settle cases pending in both state and federal court. He recently finished his term as President of the North Carolina Association of Defense Attorneys, the organization for lawyers representing business interests in civil litigation.