Do You Really Need a Will? Estate Planning Explained
Do You Really Need a Will?
It’s a question many people ask: “Do I really need a will?”
The answer is simple: yes, you do.
A will is one of the most important tools in estate planning. Even if you don’t have significant assets, having a will ensures your wishes are honored, your family is protected, and unnecessary stress is avoided.
As an attorney with nearly five years of family law experience, I’ve seen how difficult it can be when families are left without clear direction. Expanding into estate planning allows me to help clients prevent those challenges by starting with the foundation: a will.
What Is a Will?
A Last Will and Testament is a legal document that explains how your assets will be distributed after your death. It can also:
Name guardians for your minor children.
Appoint someone you trust to carry out your wishes (an executor).
Provide instructions for handling property or personal belongings.
Without a will, the state (not you) decides who inherits your property. That process is called intestate succession, and it may not reflect your wishes.
Why a Will Matters
Even if you don’t consider yourself wealthy, a will is essential.
Here’s why:
It protects your loved ones. Without a will, your family may face confusion, disputes, or even court battles.
It ensures your wishes are followed. From heirlooms to real estate, you decide who gets what.
It saves time and money. A clear will makes the probate process faster and less expensive.
It allows you to choose guardians. If you have children, your will lets you decide who cares for them.
In short: a will gives your family clarity during a difficult time.
What Happens Without a Will?
If you pass away without a will, the court follows state laws to distribute your property. This may mean:
Assets are split in ways you wouldn’t have chosen.
A judge decides who will care for your children.
Family members may disagree and end up in legal disputes.
The process takes longer and costs more.
Having a will prevents these outcomes and puts you in control of your legacy.
Is a Will Enough?
A will is the foundation of estate planning — but it’s not the whole picture.
A complete estate plan may also include:
Trusts to manage property and sometimes avoid probate.
Financial Power of Attorney to allow someone you trust to handle financial matters if you’re incapacitated.
Healthcare Directives to ensure your medical preferences are respected.
Working with an attorney helps you decide which tools are right for your situation.
DIY Will vs. Attorney Drafted Will
It can be tempting to download a free will template or use an online form. While this may seem convenient, these documents often:
Don’t comply with North Carolina law.
Leave out important details.
Create confusion that leads to disputes.
An attorney-drafted will ensures:
Your document is valid under state law.
Your wishes are clearly expressed.
Your family avoids costly mistakes later.
With my family law background, I understand the importance of getting it right the first time.
Frequently Asked Questions
Do I need a will if I don’t own a home?
Yes. A will still controls personal property, bank accounts, and ensures guardianship of children.
Can I update my will?
Absolutely. Your will should be updated after major life events such as marriage, divorce, or the birth of a child.
Does a will avoid probate?
No. A will still goes through probate, but it makes the process much smoother.
Take Control With a Will
A will is one of the most powerful (and simplest) tools you can use to protect your family. It provides peace of mind, clarity, and security for the people you love most.
Ready to create your will and take the first step in estate planning? Book a consultation with Melenni Balbach today.
