Do I Really Need a Will?
Estates & Trusts
It's a question a lot of people put off asking until it feels too late, or too heavy, to think about. But it doesn't have to be complicated. Let’s start simple: do you really need a will?
A will, or a last will and testament, is a legal document that spells out how you'd like your property and other assets handled once you're gone. The CDC Foundation defines a will as a document used to describe how you would like your property and other assets to be distributed after your death, and even to name guardians for children, dependents, or pets. What does that mean for you? In short: it means having a say. Without a will, state law, not you, decides who gets what after your passing.
Do Any of These Sound Like You?
Below are some important factors to help weigh your decision to make a will. Think of these less as a checklist you need to "pass" and more to see how much weight a will might carry in your life right now. To be clear: everyone benefits from having a will, no matter where you land here. But if any of these resonate, that's a good sign it's worth moving up your priority list:
- Age: You're an adult with any assets at all: a car, a savings account, a home.
- Health: You've had a recent diagnosis, upcoming surgery, or simply want peace of mind.
- Family: You have children, a spouse or partner, or dependents who rely on you.
- Assets: You own property, investments, a business, or anything you'd want to go to a specific person.
- Life events: You've recently married, divorced, had a child, or lost a loved one.
When a Will Becomes Especially Important
Some situations make having a will more than just a good idea — they make it genuinely pressing.
Asset distribution is the most obvious one: without clear instructions, your belongings, property, and finances are divided according to your state's default rules, which may not reflect your relationships or wishes at all.
That's where probate comes in: the court process that settles an estate, with or without a will. Having a will doesn't eliminate probate, but it gives the court clear direction, which typically makes the process faster and less contentious for the people you leave behind.
And a will is just one piece of a broader estate plan, which can also include things like powers of attorney, healthcare directives, and trusts. These all work together to protect you and your family through different stages of life.
The Benefits of Preparing a Will
Beyond avoiding confusion or conflict, a will offers real, tangible benefits. It lets you choose exactly who receives what, rather than leaving it to a formula. It allows you to name an executor you trust to carry out your wishes. If you have minor children, it's the only way to formally name a guardian for them. And it can spare your family the added stress of guessing what you would have wanted during an already difficult time. Put simply, a will trades uncertainty for clarity. For you and for the people who matter most to you.
The Best Time to Make a Will
You do not need a health scare, a big life change, or a growing bank account to justify having a will. It's just as important to have one in place before anything pressing comes up, so it's ready whenever you need it.
If you live in Michigan, having a will that's properly drafted under state law matters just as much as having one at all. At Smith & Johnson Attorney, P.C., Andrew K. Shotwell brings that experienced, professional guidance to the table, walking you through the process and making sure your plan reflects your wishes under Michigan law. If you've been pushing back on creating a will, consider this your sign to Contact Us today to get you started on the right track in planning your estate documents.
If you have any questions or need to get in contact with a Smith & Johnson representative, please
contact Tim Smith.
Traverse City Office
534 E. Front Street
Traverse City, Michigan 49686
231-946-0700 (fax: 231-946-1735)
Traverse City Mailing Address
PO Box 705
Traverse City, Michigan 49685