Do I need a will if I want to leave everything to my spouse?
Why do you need a will
You may have heard that you don't need a will if you want to leave everything to your spouse. After all, if all you want to do is pass on everything after you die, why would you need one?
If you're married and you died, your assets will be automatically inherited by the surviving spouse. What happens depends on whether or not you have a will.
State law
In most states, when a person has no will (also called dying intestate), state law decides who gets what. This means that your assets would be distributed according to the laws of the state where you live. The rules are different in every state, so it's important to know what they are where you live.
The laws of intestacy
The laws of intestacy vary greatly from state to state, but in many states—such as Maryland, New Jersey, New York, and Pennsylvania—your assets go first to your spouse and then to other family members. If there's no surviving spouse or family member who can inherit from you, then your assets could be subject to probate fees and taxes before being left to whoever inherits them next—this could take years and cost thousands of dollars.
If you want to leave everything to your spouse, then you don't need a will. As long as you're married and living in Washington, your spouse is automatically your heir.
A will
A Will is a document that lets you decide how you want your property divided after you die. It's not legally required, but if you want to make sure that all of your wishes are carried out and that everyone who depends on you is taken care of properly, it makes sense to have one. There are other reasons to have a Will—to name guardians for your children, for example, or provide for pets—but if you have no reason to think that anyone is going to challenge the way you've left your property, then it's probably not worth the trouble.
If you have questions, you can get a free consultation with the Best Estate Lawyers.
Parklin Law - Estate Planning Lawyer
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
