What is a Last Will and Testament?

A Will is one of several important estate planning documents and legal documents used to formalize your wishes. Having legally valid estate planning documents is essential to ensure your wishes are recognized and enforced.

  • How your property will be distributed: Wills are legally valid documents that ensure your wishes are carried out regarding the distribution of real estate, personal belongings, investments, valuable jewelry, artwork, and other assets.
  • Who will care for your minor children: You can designate a guardian to take care of your children.
  • Who will oversee your estate: The Will allows you to name an executor (sometimes called a personal representative) to ensure your instructions are carried out.

Why Is a Will Important?

A Will starts as the foundation of your estate plan. Having a Will provides peace of mind and clarity for your family. It helps you plan for the future and protect your loved ones by ensuring your wishes are carried out. Key benefits include:

  • Avoiding disputes: A clear, legally enforceable Will minimizes conflicts among heirs or potential disagreements about your wishes during a probate case.
  • Appointing guardianship: Without a Will, the court decides who will care for your children without any input from you. A Will ensures your voice is heard.
  • Protecting your assets: You determine who receives your assets, how they are distributed, and under what conditions, with the benefit of ensuring your wishes are fulfilled and your loved ones are protected.
  • Simplifying the legal process: A Will helps the court know who to name to handle your affairs during the probate process.

The difference a Will can make is significant—it can ease your family’s burden and provide clear guidance during a difficult time.

Who Needs a Will?

A Will is essential for anyone who:

  • Owns property, investments, or valuable personal items. Most people benefit from having a Will to ensure their assets are handled as they wish.
  • Has minor children and wants to designate a guardian. Parents can use a Will to plan for their children’s future and appoint guardians.
  • Wants to leave specific instructions about their assets or final wishes.
  • Hopes to avoid unnecessary legal delays and disputes for their loved ones.

Even if your assets are modest, a Will ensures they are distributed according to your preferences and helps families ensure their wishes are respected.

What Happens Without a Will?

If you pass away without a Will (intestate), here is what can happen to your estates and assets as a person who dies without clear instructions:

  • State laws and the laws governing estates will determine how your property is divided, which may not align with your wishes.
  • The court will appoint a guardian for minor children, potentially someone you wouldn’t have chosen.
  • Family members may face additional emotional and financial stress as they navigate legal uncertainties, and without proper beneficiary designations, estates may be subject to additional legal complications.

Some Disadvantages of Relying Solely on a Will

While a Will is a critical document, it may not address all your estate planning needs. Different circumstances in life—such as incapacity, blended families, or beneficiaries with special needs—may require more than just a Will to ensure your wishes are fully carried out. Here are the potential drawbacks of having only a Will:

1. Requires Probate – A Will Does NOT Avoid Probate

  • Lengthy Process: A Will must go through probate, a process overseen by the probate court and other courts as necessary, which can take at least 6-12 months or more.
  • Public Record: Probate proceedings are public, meaning your estate details may become accessible to others.
  • Costs: Probate can be expensive, with legal fees and court costs—set by the courts and the probate court—reducing the value of your estate.

2. Lack of Lifetime Planning

  • No Help During Incapacity: A Will only takes effect after your death. Powers of Attorney are essential legal documents for managing your affairs during life and incapacity, as they grant authority to someone to handle your financial or medical decisions if you become unable to do so. A Will does not address situations where you may become incapacitated and need someone to manage your financial or medical decisions during your lifetime.

3. No Direct Control Over Asset Distribution

  • Immediate Payouts: A Will generally distributes assets outright, without providing long-term financial management or protections for beneficiaries.  This means that once your children reach 18 years of age, they will receive all the money owed to them from your estate. This can also cause issues if a loved one inherits money and is relying on public benefits or is special needs. In such cases, you can establish a special needs trust and appoint a trustee to manage assets for a beneficiary with special needs, helping to protect their eligibility for government benefits.
  • No Privacy for Beneficiaries: Information about who receives what can become public in probate proceedings.

How We Can Help

Our experienced estate planning attorneys specialize in creating personalized, comprehensive estate plans that reflect your unique needs and goals. We assist clients throughout the entire estate planning process, ensuring a clear understanding of their assets, wishes, and legal requirements. Our law office, located in Kansas City, Missouri, is committed to serving clients in both Kansas and Missouri, providing a professional office environment for in-person consultations.

We will help you create an estate plan that is a reflection of you and your family by:

  • Listening to your priorities: We take the time to understand your wishes, concerns, and the unique relationship and circumstances of each client.
  • Tailoring your plan: Whether your estate is straightforward or complex, we create an estate plan that meets your specific requirements.
  • Highlighting our practice areas: Our law office offers a wide range of practice areas, including estate planning, trusts, probate, and asset protection.

Working with an experienced estate planning attorney at our local law office provides the benefit of professional guidance and personalized service. We assist clients in creating essential estate planning documents, such as wills, living trusts, and other estate planning tools, to manage estates, address taxes, and ensure your wishes are carried out efficiently.

Take Control of Your Legacy

Don’t leave your loved ones guessing about your wishes. A well-crafted estate plan is a lasting gift to your family, providing clarity, security, and peace of mind.

Ready to create or update your Will? Contact us today to get started.

Allow the Estate Planning Lawyers at Bloom Legal Advisors to prepare this important document for you. Schedule your Empowering Estate Education Discussion.

Last Will and Testament – Frequently Asked Questions (FAQ)

A trust and will attorney is a legal professional who specializes in estate planning, helping clients create wills, trusts, and other essential estate planning documents to ensure their wishes are carried out and their assets are protected.

Working with a trust and will attorney ensures that your estate planning documents are legally valid, tailored to your unique circumstances, and compliant with state laws. They can also help you navigate complex issues like probate, estate taxes, and health care decisions.

A will is a legal document that directs how your assets will be distributed after death and must go through the probate process. A living trust, on the other hand, can help avoid probate by holding your assets during your lifetime and distributing them according to your instructions after death.

A will does not avoid probate. Probate is the court-supervised process of distributing your estate after death. However, having a will can simplify the probate process and provide clear instructions to the court and your family.

If you die intestate (without a will or trust), state laws will determine how your assets are distributed, which may not align with your wishes. The court will also decide guardianship for minor children, potentially appointing someone you would not have chosen.