(Most) Everybody needs a will

I don't really like to tell people what to do. Yes, I'm a lawyer and I get paid to give advice, but I think that is different than barking orders at people.

So for me to say "you must have a will", to me is kind of like a doctor telling a patient to lose 15 pounds, or a financial advisor telling a client to save more - things that people should do and want to do but probably don't like being told to do so.

But having a will done is so easy, important and (in most cases) inexpensive, that I make an exception and have no problem telling my clients to get one done.

Why do you need a will? Well, because if you don't have one when you die, then your things (money, cars, house, jewelry) get distributed not according to your wishes, but to someone else's. The state legislature's plan, that is. There are laws that step in when someone dies without a will, since this happens often.

I'm sure most adults have at least considered the idea of having a will done. A lot of times it comes up at the purchase of a first home or at the birth of a child. Both of these times make sense as estate planning events since wills deal with transferring assets and providing for guardianship of children, among other things. For most people it's a very useful and important document. A poll done in 2007 showed that almost 60 percent of all adult Americans do not have a will, though. So why is this?

People don't like to think about dying. I don't like to think about being dead and I certainly don't like to think about my children growing up without me or my wife. What got me over this reluctance is to hear about people who didn't plan for their deaths and their loved ones. People die - it's not pleasant to think of but it happens all the time.

Many people simply think they don't need a will, because they don't have lots of money that will be part of their estate. This is a good reason to not spend thousands of dollars on complex estate planning, but again, wills are for more than just transferring bank accounts from one person to another. You can use a will to give someone a specific item that might not have a substantial market value but is important to your family. I see this often with clients who want to give a specific child a piece of heriloom jewelry, for example. Also, and I think more importantly, you can appoint guardians for children in a will.

Cost is a concern also I'm sure. Especially in this economy, people don't have extra money for "optional" legal work. A simple will might, however, be the cheapest service I offer. Sure, estate planning can get complex, but I can accomplish most simple will goals (naming a guardian for child, specifically giving some property to people) very affordably.

So, if you don't have a will, you should consider getting one done or at least get some legal advice on what would happen to your estate without a will and then make an informed decision. Maybe you have tons of money and want to give some to a friend who wouldn't otherwise be entitled to a share of your estate. Maybe you have your grandfather's watch and really want your nephew to have it. Maybe all you need is the peace of mind that your kids will have a guardian of your choosing. If you get over the hurdle of thinking about your mortality, then it's actually very assuring to have a plan in place.