3 Things 9-15-25

 Thing One

Where There’s A Will, There’s A Say

Having a will is one of the most important steps anyone with assets can take, regardless of age or wealth. A will ensures that your property, money, and personal belongings are distributed according to your wishes, rather than leaving those decisions up to the courts. Without one, state laws (known as intestacy laws) determine who inherits your estate, which may not align with your preferences. This can also cause unnecessary conflict and stress for your family at a time when they are already grieving.

Another major reason to have a will is that it lets you appoint an executor—the person responsible for carrying out your wishes and handling the legal and financial details of your estate. Without a clear plan, the court may appoint someone you wouldn’t have chosen, which could create complications or delays. A will also allows you to designate guardians for minor children, ensuring they are cared for by people you trust rather than leaving that decision up to the court system.

Even if you believe your estate is simple, not having a will can create significant expenses and delays. Probate proceedings without a will tend to be longer, more complex, and more costly. That means less of your assets end up in the hands of the people you intended to support. Having a will reduces uncertainty and ensures that your loved ones receive what you wanted them to have, as quickly and efficiently as possible.

For people with even modest savings, investments, or property, a will helps protect against unintended consequences. For example, if you have a partner but aren’t legally married, that person might not inherit anything without a will. Similarly, close friends, charities, or other individuals you may want to benefit could be completely excluded under state law. A will allows you to support the people and causes you care about directly.

As for the most cost-effective ways to create a will, there are several do-it-yourself alternatives. Many states allow you to draft a simple handwritten will, called a “holographic will,” though these can be risky if not executed properly. Online will-making services like FreeWill, Rocket Lawyer, or LegalZoom provide guided templates for relatively low fees, usually under $100. There are also state-specific will kits (both printed and digital) that walk you through the process of creating a legally valid document. These options can be ideal if your estate is straightforward and you don’t need complex tax or trust planning.

That said, while DIY methods are the least expensive, it’s important to follow your state’s requirements for signing and witnessing the will—often needing two witnesses who aren’t beneficiaries. Skipping those steps could make your will invalid. If your situation is more complicated (like blended families, significant property, or special needs beneficiaries), even the cheapest solution may not be enough, and paying for an attorney could ultimately save your heirs money and stress.

Thing Two  

Probate:  The Biggest Argument For Having A Will

Probate is the legal process by which a deceased person’s estate is administered and distributed under the supervision of a court. It generally involves proving the validity of a will (if one exists), identifying and inventorying assets, paying debts and taxes, and then distributing the remaining property to heirs. While probate ensures fairness and oversight, it can also be slow and burdensome, especially in states with complicated probate systems. Even when everything is straightforward, it often takes months, sometimes more than a year, to finalize.

One of the main challenges with probate is cost. Court fees, attorney fees, and executor fees can significantly reduce the value of the estate. In some cases, legal fees are charged as a percentage of the estate’s value, which means larger estates may pay tens of thousands of dollars in probate-related expenses. Even modest estates can face costs that eat into the inheritance beneficiaries eventually receive. On top of the financial impact, probate proceedings are public, so anyone can access information about the estate, including the value of assets and who inherited them.

Probate also adds stress for families. Instead of quickly distributing assets, heirs may find themselves waiting months to gain access to money they may urgently need. Creditors must be notified and given a chance to make claims, disputes among beneficiaries can arise, and the required paperwork can be extensive. All of this can cause delays, and the process often requires professional guidance from attorneys—adding further expense.

Fortunately, not all assets are subject to probate. Certain types of property pass directly to beneficiaries outside of the court system, even if a will exists. For example, retirement accounts (like IRAs and 401(k)s), life insurance policies, and some investment accounts allow you to name a beneficiary, and those assets transfer directly to the person you’ve designated. Similarly, assets held in joint tenancy with right of survivorship, such as a home co-owned with a spouse, typically transfer automatically to the surviving owner.

Another way to avoid probate is by using a revocable living trust. Assets placed in a trust are technically owned by the trust, not the individual, so they don’t pass through probate upon death. Transfer-on-death (TOD) or payable-on-death (POD) designations on bank and brokerage accounts are also simple tools to bypass probate. Even vehicles and real estate can sometimes be titled with TOD provisions, depending on the state. By making use of these strategies, individuals can greatly reduce the time, cost, and stress associated with probate while ensuring their assets are distributed according to their wishes.

Thing Three

Just A Thought  

"The further a society drifts from the truth, the more it will hate those who speak it." — George Orwell