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Wills - FAQ

Does my estate go to the government if I don’t have a Will?

No.  If you die intestate, or without a will, state law provides for the distribution of your assets to your family.  It is only if you have no family that a person’s estate may escheat, or revert, to the state.

Why do I need a Will?

A will can make your wishes known regarding the distribution of your assets, and provide a different distribution than the default statutory provision.  If you and your spouse have children, you can name a guardian and a trustee to ensure that you, not the courts, decide who should take care of your children.

What other documents should I prepare besides a Will?

You may want to consider making a Healthcare Power of Attorney, a Power of Attorney and a Living Will.

What is a Living Will? 

A Living Will is a document which states a person’s desires regarding life prolonging measures when they are not able to make or communicate those desires.

What is a Healthcare Power of Attorney? 

A Healthcare Power of Attorney is a document which designates another person to make healthcare decisions on your behalf when a doctor determines that you are not able to make or communicate healthcare decisions.

What is a Power of Attorney?

A Power of Attorney is a document that allows someone else to take a variety of actions on your behalf.  You choose the breadth of actions that someone can take for you, and you choose when it will take effect — whether it be immediately, upon a stated occurrence or event, or when you become incompetent.