Will Myth

One of the biggest myths I hear is, "I have a will,so my family won't have to go through probate."

Actually, it's just the opposite.

A will is not a magic document that transfers your propertywhen you die. Until a probate judge reviews it and appoints someone to act onyour behalf, a will is really just words on paper.

Think of it this way: your will contains your instructions,but it has no legal power on its own. The probate court is what gives thoseinstructions legal effect. The judge appoints an executor, and only then doesthat executor have the authority to collect assets, pay debts, and distributeyour estate according to your will.

That's why simply having a will doesn't avoid probate—itusually requires it.

Now, that doesn't mean wills are bad. Wills are incrediblyimportant. But if one of your goals is to make things easier for your family oravoid the time, expense, and public nature of probate, there may be betterplanning tools available, depending on your circumstances.

If you're not sure whether a will alone is enough for yourfamily, I'd be happy to help you understand your options.

If you have an estate planning question you'd like me toanswer in a future episode, leave it in the comments. No question is too basic.

Educational information only—not legal advice. Every estateplan should be tailored to your individual circumstances.

I’ve been in law practice 21 years and am available to helpyou design an estate plan (wills and trusts) to suit your goals and budget. Imake it EASY! Meetings via zoom and in your home are available. Consults arefree. Message me or call 603-329-5200. Text: 603-300-0219. (And yes I’mstill giving away those sassy end of life planners!)