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Dying Without a Will: A Potential Disaster That is Easily Avoidable

Posted by Anthony Serra | Nov 07, 2023 | 0 Comments

We all know having a Last Will and Testament is important, yet many of us fail to get it done. This is unfortunate since dying without a will can create many difficult issues for your heirs, especially if you have minor children. Without a will, there is no one named to be your executor, and no one appointed to serve as guardian and trustee for your minor children. Someone in your family (most likely the person you least want to care for your children and their money) will need to go into court and be appointed administrator and guardian for your children. This is fertile ground for conflict and protracted litigation that benefits no one other than the lawyers!

Dying without a will (what is known in the law as intestate) also leaves open the issue of who gets all your assets and stuff, wealth you have spent a lifetime acquiring. Why leave it to chance who gets all your assets? An interesting (and somewhat nostalgic) article about an artist (Vivian Maier) who died without a will and the problems that created can be found here.

All this can be easily avoided, and your children's future will be well mapped out the way YOU want it to be if you simply take a little time to do a will.

Of course, with technology, the process of preparing a will can be very easy if you engage the right attorney. At Serra Law Group we created a user-friendly, on-line platform called Smart Law for our intake process that makes creating a will simple and painless. An attorney and professional staff are available for consultation as well.

Don't leave your estate to change and in the hands of those who have their own ideas and interests. Do a will and feel good that you took this important proactive step to protect and provide for your family.

About the Author

Anthony Serra

Tony Serra is a passionate advocate, especially for the elderly, disabled and those of modest means who need the services of an experienced and caring attorney. For more than 30 years, Tony has been helping common, everyday folks navigate their way through life's turbulent waters. Through innovation and utilizing modern technology, Tony and his law firm are now able to offer quality legal services that at one time were prohibitively expensive, at a fraction of the cost. If you need basic legal services, such as a Will, Power of Attorney, Living Will, Special Needs Trust, real estate transactions, uncontested guardianship pleadings and much more, please visit our website and our SMART LAW legal services platform. You will be pleasantly surprised by what we offer and glad you did! Tony is also an experienced mediator and founder of the Conflict Resolution Center of NJ. Tony has specific training in family matters as well as elder law and contested guardianship and estate cases.  


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