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Do I Need a Will If My Husband and I Have Few Assets?

  • 02 Dec 2024 11:04 AM
  • will, beneficiary, estate planning, power of attorney

In this scenario, a wife from Arizona is questioning whether her husband's decision to not have a will is truly without consequence, given that their assets are limited to bank and brokerage accounts with transfer-on-death (TOD) beneficiaries and that they do not have children or significant real estate holdings. While it is true that accounts with designated TOD beneficiaries pass directly to the surviving spouse without going through probate, the wife is concerned about potential issues that might arise in the event of her husband’s death.

The response explains that while TOD accounts bypass probate, there are other areas where the state may become involved, especially if there are vehicles, personal property, or other assets that haven't been properly planned for. Furthermore, if both spouses pass away simultaneously or within a short period of each other, the estate may be left with no clear direction for distribution, and it would then enter probate, potentially causing delays, additional costs, and unwanted state intervention.

The article also stresses the importance of having a will to ensure that the surviving spouse's wishes are respected and that their assets are distributed according to their preferences rather than by the state's laws of intestate succession, which may not align with personal desires. For example, without a will, any unclaimed assets may go to the state of Arizona, instead of to a charity, friends, or family members the deceased might have wanted to benefit.

Additionally, the piece covers the importance of other documents beyond the will, such as advance healthcare directives and powers of attorney. These documents help avoid state intervention in medical decisions if the person becomes incapacitated and ensures that someone the individual trusts can act on their behalf in legal and healthcare matters.

By addressing these concerns now, the wife is reminded that proactive planning can significantly reduce the risk of government involvement in their affairs and give both spouses peace of mind, knowing that their wishes are legally protected.

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