A Last Will and Testament is the single-most important document an individual should possess. This is because this document sets out an individual’s wishes as to how they would like to leave their property to their loved-ones. A properly drafted Will will ensure that a trusted individual (called an executor, executrix or personal representative) will distribute your property. A Will, for certain individuals with young children, should also designate a legal guardian to take responsibility for rearing your children in the event the couple passes away. Lastly, a Will will avoid the undesirable situation in which the intestacy laws of the State will determine who will get your property. For most people, these laws do not properly reflect the needs and or desires of individuals who have complex or sensitive family issues.
It has been our experience that in drafting a Last Will and Testament, clients think critically about the various needs of each family member. Certain family members may have special problems such as alcoholism, marital issues, special needs, health issues, or other life circumstances that may make it necessary to draft the Will in a certain way or to even create special trusts, to ensure that the Will maker’s special guidance for their loved one is enforced even after they pass away.
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