Thursday, May 14, 2015

Do I really need a will if I don't have assets?

Do I really need a will if I don't have any assets? My answer is Yes if you have minor children! Even the smallest estates can benefit from a will. The biggest reason one needs a will is to name a guardian for any minor children. This is necessary even if the other parent is alive at the time you made the will. Why? Because anything can happen to anyone at any time and it is better to be prepared.

If you do not have a will naming a guardian for your children then it will be up to the court to decide who should have custody. While it is always the court that will approve a guardian, if you name a someone then that preference will be heavily considered and it would be up to a challenger to show why it is not in the child's best interests.

Do not assume that someone you think should be the guardian will end up as the guardian if you do not create a will. It is better for your children if you are prepared just in case rather than pass away unprepared.

If you would like to schedule a free consultation please email me or call Attorney Kara Fratto at (781) 205-4234. Thank you.