5 Critical Reasons Everyone Needs a Will

Most people know they should have a will, but it's one of those tasks that's easy to put off. "I'm too young," "I don't have enough assets," or "I'll get to it eventually" are common reasons people delay creating this crucial document. However, if you have any assets, loved ones, or minor children, having a will isn't just important—it's essential.

At Patton Law in Valparaiso, we've helped countless Northwest Indiana families create comprehensive estate plans that provide peace of mind and protect their loved ones. Here are five critical reasons why everyone needs a will, regardless of age or wealth.

When you die without a will, you die "intestate," which means the state determines who receives your assets according to intestacy laws. These laws follow a rigid formula that might not align with your wishes at all. Your assets will be distributed based on a predetermined hierarchy—typically to your spouse and children first, then to parents, siblings, and other relatives.

This sounds straightforward, but it can create significant problems. What if you wanted to leave something special to a close friend who's been like family? What if you have a strained relationship with a family member but the law gives them a share anyway? What if you wanted to support a charity that's important to you? Without a will, you have no say in any of these decisions.

Even more concerning, if you have no living relatives that the law recognizes, your entire estate could eventually go to the state. Creating a will ensures that your hard-earned assets go exactly where you want them to go, whether that's to family members, friends, charitable organizations, or any combination you choose.

A will gives you complete control over your legacy. You can specify exact amounts or percentages for each beneficiary, leave specific items to particular people (like your grandmother's jewelry or your collection of tools), and even include conditions if you choose. This is your opportunity to make thoughtful, deliberate decisions about your life's work and possessions.

If you have children under 18, this is perhaps the most important reason to create a will immediately. Without a will designating a guardian, the court will decide who raises your children if something happens to you. While courts generally try to act in the children's best interest, they don't know your family dynamics, your values, or your preferences the way you do.

The court might appoint a family member you wouldn't have chosen—someone with different parenting philosophies, financial instability, or who lives far from your children's school and friends. In some cases, multiple family members might even fight for custody, creating additional trauma and uncertainty for your children during an already devastating time.

With a will, you name your preferred guardian and even a backup guardian in case your first choice is unable to serve. You can consider factors that matter to you: who shares your values, who has the time and resources to raise children, who lives in a good school district, who your children already have a strong relationship with, and who would maintain important family connections.

You can also leave instructions about how you want your children raised—educational priorities, religious upbringing, extracurricular activities you value, and anything else that matters to you. While these instructions aren't legally binding, they provide invaluable guidance to the guardian you've chosen. Don't leave the most important decision about your children's future up to a judge who's never met your family.

Estate disputes can tear families apart. When there's no will providing clear instructions, family members may have very different ideas about what you would have wanted. Adult children might disagree about who should get the family home. Siblings might fight over sentimental items that hold special meaning. A surviving spouse might clash with adult children from a previous marriage over asset distribution.

These conflicts aren't just emotionally painful—they're also expensive and time-consuming. Probate litigation can drag on for months or even years, depleting the estate's value through legal fees and court costs. Family relationships can be permanently damaged over misunderstandings and perceived slights that could have been easily avoided with clear written instructions.

A well-drafted will eliminates ambiguity. It clearly states your wishes in legally binding language, leaving no room for interpretation or argument. When family members can simply refer to your written instructions, there's much less opportunity for disagreement. Even if someone is disappointed with their inheritance, they can't claim they don't know what you wanted.

Your will can also explain your reasoning for certain decisions, which can help prevent hurt feelings. If you're leaving unequal amounts to your children because one has special needs or another has already received financial help, you can explain this in your will. Clear communication through your estate planning documents is one of the greatest gifts you can give your family.

Probate is the legal process of settling your estate after you die. While some probate is usually necessary, having a will can significantly streamline the process, saving your family time, money, and stress during an already difficult period. Without a will, probate becomes more complicated, more expensive, and takes much longer to complete.

When you die intestate, the court must appoint an administrator to handle your estate—a process that requires additional hearings, paperwork, and legal fees. Family members might disagree about who should serve in this role, leading to delays and conflict. The administrator must also post a bond (essentially insurance against mishandling the estate), which costs money and comes out of the estate.

With a will, you name your own executor (called a "personal representative" in Indiana)—someone you trust to handle your affairs efficiently and according to your wishes. You can even waive the bond requirement in your will, saving your estate that expense. Your chosen executor already knows your wishes, has access to important information about your assets, and can get started immediately rather than waiting for court appointment.

A clear will also reduces the likelihood of challenges and disputes that can bog down probate for months or years. It provides a roadmap that makes the administrator's job much easier, ensuring your assets are distributed to your beneficiaries as quickly as possible. In many states, a straightforward estate with a valid will can often be settled within six months to a year, while contested or intestate estates can take much longer.

In today's digital age, we all have valuable online assets that didn't exist when traditional estate planning laws were written. Your email accounts, social media profiles, online banking, digital photos stored in the cloud, cryptocurrency, online businesses, blogs, YouTube channels, digital music and book libraries, and even frequent flyer miles all have real value—both financial and sentimental.

Without proper planning, your loved ones may struggle to access or manage these digital assets after you're gone. They might not know all your accounts exist, lack passwords to access them, or face legal barriers when trying to close or transfer accounts. Some platforms have strict policies about account access after death, and without proper documentation, valuable photos, messages, and files could be lost forever.

A modern will should address your digital estate explicitly. You can designate a digital executor, provide instructions for accessing your accounts, specify what should happen to various digital assets, authorize someone to manage your social media presence, and ensure important digital files are preserved and distributed to loved ones.

This is particularly important for anyone who runs an online business, has significant cryptocurrency holdings, maintains a popular blog or social media presence, or stores irreplaceable photos and videos in the cloud. Don't let years of digital memories and potentially valuable online assets disappear because you didn't plan for them.

If you don't have a will yet, now is the time to create one. Life is unpredictable, and none of us know what tomorrow brings. The peace of mind that comes from knowing your wishes will be followed and your loved ones will be cared for is invaluable. Don't put this off another day.

If you already have a will, you should review and potentially update it whenever you experience major life changes. Marriage, divorce, the birth or adoption of children, the death of a beneficiary or executor, significant changes in your assets or financial situation, moving to a different state, or changes in your relationship with beneficiaries or executors are all triggers that warrant reviewing your estate plan.

Even without major life changes, it's wise to review your will every three to five years. Laws change, your circumstances evolve, and what made sense a decade ago might not reflect your current wishes or situation. An outdated will can sometimes cause as many problems as no will at all.

Many people avoid creating a will based on misconceptions about the process. Let's address a few common myths. First, you don't need to be wealthy to need a will. If you own a home (even with a mortgage), have a car, possess retirement accounts or life insurance, or have any personal possessions of monetary or sentimental value, you have enough assets to warrant a will.

Second, you're not too young for a will. Tragic accidents and illnesses can happen at any age. If you're over 18, have any assets, or especially if you have children, you need a will regardless of your age. Third, creating a will doesn't have to be expensive or complicated. While complex estates require more sophisticated planning, a straightforward will for someone with typical assets is relatively simple and affordable.

Finally, having a will doesn't mean you're giving up control of your assets while you're alive. A will only takes effect after your death. Until then, you maintain complete control over everything you own, and you can change or revoke your will at any time as long as you're mentally competent.

While it's possible to create a will using online templates or software, working with an experienced estate planning attorney ensures your will is legally valid, comprehensive, and tailored to your specific situation. Each state has specific requirements for valid wills—including proper execution, witnessing, and signing—and mistakes can render your will invalid or create opportunities for challenges.

An attorney can help you consider issues you might not think of on your own, ensure your will coordinates with other estate planning tools like trusts or powers of attorney, minimize potential tax implications, address complex family situations like blended families or special needs dependents, and create contingency plans for various scenarios.

At Patton Law, we provide personalized estate planning services to families throughout Northwest Indiana. We take the time to understand your unique situation, your goals for your estate, and your concerns about the future. We'll explain your options in clear language, draft documents that reflect your wishes precisely, and ensure everything is properly executed according to Indiana law.

Our office is conveniently located in downtown Valparaiso, right across from the Porter County Courthouse. We've been serving Northwest Indiana families for decades, and we understand the local community and the specific concerns of residents throughout the region. Estate planning doesn't have to be stressful or overwhelming—we'll guide you through every step of the process.

Creating a will is one of the most important things you can do for yourself and your loved ones. It provides peace of mind, protects your family from unnecessary stress and conflict, ensures your wishes are followed, and demonstrates your care and responsibility for those you'll leave behind.

Don't let another day go by without this essential protection in place. Contact Patton Law today to schedule a consultation. We'll discuss your situation, answer your questions, explain your options, and help you create a comprehensive estate plan that protects everything you've worked for and everyone you love.

Your family deserves the security and clarity that comes from proper estate planning. Let us help you create a will that provides exactly that. Call us at 219-462-0597 or visit our office at 55 Franklin Street in downtown Valparaiso. We're here to help you plan for the future with confidence.