4000 Hollywood Blvd. Suite 485 South Hollywood, FL 33021
CALL US TODAY: (954) 966-2112

News & Resources

Everyone Needs a Will

August 3, 2021 | Category: Asset Protection, Corporate and Taxation, Estate Planning and Probate, News

Every adult should have a will.  If you die without a will, state intestacy law will likely determine who inherits your property.  These rules are exactly the same for everybody, regardless of his or her circumstances.

When you die without a will, you let your state legislators write a will for you.   Chances are their choices won’t match your desires.  Most intestacy laws leave your entire estate to your surviving spouse and/or your children.  If you have no spouse or children, your estate will probably go to your parents or siblings.

Here are just a few situations that intestacy laws are not designed to handle: you want to leave gifts to someone other than your spouse and children; you want to leave most of your estate to your spouse, then want whatever remains after your spouse’s death to go to children from a prior marriage; you want to leave your children unequal shares of your estate.

You need a will even if you think you have disposed of all your property through a revocable living trust. Property can pass to your beneficiaries through your living trust only if you have transferred the property into the trust.

You may forget or neglect to transfer some property to your trust.

You may acquire property shortly before death and not have a chance to transfer it to your trust.

Your estate may acquire property after you die.  For example, you may have an inheritance that’s tied up in probate until after your death, or you may be a party to a lawsuit that does not settle until after your death.

In these cases, without a will, the property will pass in accordance with your state’s intestacy laws.  With a will, it can pass into your living trust or to whomever you name as your residuary beneficiaries.  They will take any property that your will doesn’t otherwise dispose of.

Here are three more reasons why you need a will, even if you have a living trust:

  • Some property is better disposed of by a will than a living trust.  For example, motor vehicles are not typically transferred to a living trust because insurance companies hesitate to ensure such vehicles.
  • You may need to name a guardian for minor children.  In most places, you can name a guardian only in a will.
  • You may want to use a will to dispose of small ticket items if probate won’t be required or will be inexpensive.


Material presented on the Kramer, Green, Zuckerman, Greene and Buchsbaum, P.A. website is intended for information purposes only. It is not intended as professional advice and should not be construed as such. The material presented on this site is included with the understanding and agreement that Kramer, Green, Zuckerman, Greene and Buchsbaum, P.A.is not engaged in rendering legal or other professional services by posting said material. The services of a competent professional should be sought if legal or other specific expert assistance is required. Any unauthorized use of material contained herein is at the user’s own risk. Transmission of the information and material herein is not intended to create, and receipt does not constitute, an agreement to create an attorney-client relationship with Kramer, Green, Zuckerman, Greene and Buchsbaum, P.A. or any member thereof. This website is not intended to be advertising and Kramer, Green, Zuckerman, Greene and Buchsbaum, P.A. does not wish to represent anyone desiring representation based upon viewing this website in any state or jurisdiction where this website fails to comply with all laws and ethical rules. This website is not intended to constitute legal advice or the provision of legal services. By posting and/or maintaining this website and its contents, Kramer, Green, Zuckerman, Greene and Buchsbaum, P.A. does not intend to solicit legal business from clients located in states or jurisdictions where Kramer, Green, Zuckerman, Greene and Buchsbaum, P.A. or its individual attorneys are not licensed or authorized to practice law. Some links within this website may lead to other sites. Kramer, Green, Zuckerman, Greene and Buchsbaum, P.A. does not necessarily sponsor, endorse or otherwise approve of the materials appearing in such sites.

© Copyright 2015 Kramer, Green, Zuckerman, Greene and Buchsbaum, P.A. All Rights Reserved. Sitemap | Law Firm Essentials by PaperStreet Web Design