August is Make-a-Will Month: A Great Time To Start Securing the Future for You and Your Family

August is National Make-A-Will Month. This time of the year, when things slow down in the lives of typically busy Americans, is perfect for finally sitting down to create their last will and testament. The process isn’t as overwhelming as is often anticipated. Need a little motivation to make your will? Here are three great reasons to consider:

1. It’s an essential legal document for everyone.

Having a will is crucial for all adults—whether they are married or single; are parents or are childfree. A will allows people to distribute their assets and property and to take care of their loved ones after they pass away. Regardless of anyone’s financial situation, wills simply make life easier. According to plannedgiving.com, 68% of Americans lack a proper will. Of this group, most have never even created an estate plan or made plans for their legacy. Others have old wills that have not been updated to account for family births or deaths; divorces; stepchildren; ex-spouses; business partnerships; the sale of real estate; income changes, etc.

Over the years, I’ve helped thousands of people plan their wills in varying degrees including assisting them in gathering the correct documents, ensuring everything is completed according to Florida law, and helping them in designating their assets to the appropriate beneficiaries. Helping individuals and families to prepare for their future is one of the things I love most about what I do, and it is also the reason why at the Offices of Olivia S. Benson, free 15 minute consultations are always available to help people to manage their affairs and prepare their wills.

2. A will offers resolution and peace of mind. 

Take a look at your own life for a moment and consider all of your belongings – you might be surprised by how much you actually own: your home, vehicles, furniture, clothing, books, sentimental items, and jewelry, just to name a few. Without a will, your family will have the responsibility of finding new homes for your belongings when you are no longer around. By establishing a will, you can prevent family conflicts, reduce stress, and ensure that your assets go to the individuals you most want to receive them. Additionally, it provides guidance and reassurance to your family and loved ones during what is undoubtedly a challenging time. 

Having a will also allows you to plan for the care of your dependents. For instance, you can designate a legal guardian for your minor children and specify who should take care of your pets. 

To add, the logistical benefits of having a will are significant, but most importantly, it brings peace of mind to you and your loved ones.

3. Consider Probate

When a person passes away with a will in place, the person named as the executor in the will usually presents the will to the local clerk of court and seeks the court's authorization to administer the estate. This process is known as "probate." Generally, the probate process is fairly informal—the executor presents the will, is authorized to administer the estate, identifies the beneficiaries and creditors entitled to the assets, distributes the assets, files any necessary tax or probate documents with government entities, and closes the estate, all within the specified and monitored timeframe. If the executor anticipates potential issues with the will or foresees a will contest, they may request a more formal process, but this is seldom necessary.

In the event of passing away without a will, referred to as intestacy, the local court must closely monitor the administration of the estate. This is because, in the absence of a will, the court provides the necessary authority to act. The administration and closing of the estate usually require more court involvement, often more publicity, and certainly more administrative procedures.

Olivia S. Benson has practiced Florida probate law successfully for over thirty years. Helping her clients through their legal issues and making a difference in their lives is what keeps her motivated in her law practice. For a free 15 Minute consultation on probate and estate planning, contact the Offices of Olivia S. Benson at 786-245-7746