Published on Steven A. Heinrich Ph.D. <small>Attorney at Law</small> (https://corvallislegal.com)

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Is a Will Worthwhile? [1]

Friday, August 14, 2020

    Some people wonder whether a Will is worthwhile, and worry about the cost.

    Others wonder why they need a Will at all.

    Taking the issue of cost first, it is important to remember that after you die, unless you have nothing to probate, you will likely need to do a probate, and that one of the significant costs of probate can be the cost of a bond for the executor or personal representative.

    If you do not have a Will, in most cases the law will require that a bond be posted in court.

    The cost of a bond can equal or exceed the price of a Will.

    Usually, when a person does a Will they also do other estate and incapacity planning documents, like an Advance Directive for Health Care (sometimes called a Living Will in other states), a Nomination of Guardian and Conservator, a Testamentary Trust to be incorporated into the Will, a Power of Attorney, a document designating a particular person to make funeral arrangements, and sometimes even a Revocable Living Trust.

    These other documents will be discussed in other posts.

    The savings in probate of the cost of the bond may or may not equal the cost of a complete estate and incapacity plan including all of the other documents above, but it may well offset the cost of a Will alone, and it may well be even a greater saving than that.

    If your estate is valuable enough, the offset of not having to have a bond may even equal or exceed the cost of the entire estate plan.

this page tagged as: 
Elder Law [2]
Wills [3]
Trusts [4]
Powers of Attorney [5]
Advance Directives for Health Care [6]
Guardians and Conservators [7]
Probate and Estate Administration [8]
Preventative Legal Care [9]
Corvallis Attorney [10]
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[2] https://corvallislegal.com/tags/elder-law
[3] https://corvallislegal.com/tags/wills
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[5] https://corvallislegal.com/tags/powers-attorney
[6] https://corvallislegal.com/tags/advance-directives-health-care
[7] https://corvallislegal.com/tags/guardians-and-conservators
[8] https://corvallislegal.com/tags/probate-and-estate-administration
[9] https://corvallislegal.com/tags/preventative-legal-care
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