Clients often tell me they have put off making their will. They are usually pleased to have overcome procrastination. Wills make things simpler and easier for your loved ones, regardless whether you are a millionaire or of modest means.
If you are putting off making your will, which category of procrastinators are you in?
1. “It might bring bad luck to make a will. I might die. Besides, I don’t like to think about death.” We all have an expiration date. We just don’t know what it is. Making a will doesn’t cause you to die any more than getting insurance for your car causes you to have a wreck.
2. “I can’t decide on the perfect plan. When I figure it out, I’ll make a will.” A good plan properly on paper is better than having no plan while you await perfection. A signed “good enough” will can always be updated when inspiration strikes.
3. “I might hurt someone’s feelings.” Lawyers can help you with sensitive topics like an estranged child you don’t want to treat like your other children. Consider something called a “calmer clause” that reads something like this: “I have not made a gift to Junior in this will. That is not from lack of affection, but is because I have provided for him financially to my satisfaction during my lifetime.”
4. “I’m married, so my spouse will get everything anyway.” Here’s a bad surprise. That is not necessarily so. If you are survived by your spouse and one or both parents, they all inherit. If you are survived by your spouse and a child or children, your child(ren) and your spouse share your assets; if the children are minors, the Clerk of Court oversees how your spouse manages your children’s share.
5. “If something happens to me, my family knows what I want done.” Even if your family wants to do exactly that, you’ve made it harder for them by not having it on paper in proper form, and by not appointing someone to be in charge (your executor). And what if your family doesn’t agree on what you said you wanted done? Deaths can bring out personality traits you didn’t know existed in some family members.
6. “I’m afraid it will be expensive.” There are many options. Lawyers can raise questions you didn’t even know you had, helping you think through and improve your plan. Fees vary among lawyers. Call around and ask about fees, or choose a lawyer with a free initial consultation to discuss fees in more detail. Sometimes senior centers, community centers, church groups, or credit unions offer having wills prepared at modest prices. Online resources can be a gamble in terms of quality, but if you don’t have other options, be sure to use a reputable provider offering a North Carolina-specific will, and follow the signing and witnessing instructions precisely.
Like my clients, getting this done will feel like a big check mark off the to-do list. You’ll get peace of mind from overcoming procrastination.
Kim K. Steffan is an attorney with Steffan & Associates, P.C. in Hillsborough. She can be reached at (919) 732-7300 or kim.steffan@steffanlaw.com.