Should I Draft My Own Will?

I’m often asked whether someone needs an attorney to draft their will, or whether one of those do-it-yourself-online internet legal document prep websites are sufficient.  After all, they ALL advertise that they have “state specific” legal documents, right? And if it's “state specific”, shouldn’t that be good enough?

A document that is “state specific” (i.e., it is drafted with knowledge of, and in compliance with, Mississippi law) does not mean it is “fact specific”.  When you are drafting your will, you want a document that does what YOU want it to do!  The do-it-yourself documents can’t always do what you want it to do because the programs don’t always know what questions to ask you.  More important is that you won’t know what questions it should be asking you!  

So if a computer-generated legal form (whose programming was supposedly drafted by an attorney) does not know what questions to ask you, how will you know what issues you should address in your will? 

That’s why you should seek the advice of an attorney when drafting your will.  If you don’t believe me, consider the wise advice given in a poem written by Lord Neaves in the 16^th century:

Ye lawyers who live upon litigants’ fees,

And who need a good many to live at your ease,
Grave or gay, wise or witty, whate’er your degree,
Plain stuff or Queen’s Counsel, take counsel of me:
When a festive occasion your spirit unbends,
You should never forget the profession’s best friends;
So we’ll send round the wine, and a light bumper fill
To the jolly testator who makes his own will.

....

You had better pay toll when you take to the road,

Than attempt by a by-way to reach your abode;

You had better employ a conveyancer’s hand

Than encounter the risk that your will shouldn’t stand.

From the broad beaten track when the traveler strays,
He may land in a bog or be lost in a maze;
And the law, when defied, will avenge itself still
on the man and the woman who make their own will.

Contact us when you are ready to draft your estate planning documents.  For more information, please visit our website at www.showspowell.com. 
  

What Happens When You Die Without a Will?

In Mississippi, if you die without a Will you are said to be "intestate".  "Intestate" simply means someone died without a Will. 

What happens to your assets when you die without a Will?  In Mississippi and in many other states, the laws of intestate succession apply.  This means that your heirs are those determined according to the law of intestate succession (as opposed to your "heirs" being those listed in your Will). 

Group One heirs are a surviving spouse and surviving children.  Group Two heirs are surviving parents and siblings.  Group Three heirs are surviving grandparents, aunts and uncles.  Group Four heirs are those surviving blood relatives of the highest degree as computed by the rule of civil law (for instance, first cousins will inherit to the exclusion of second cousins).

So how does this whole "Group" thing work?  Here are some examples:

(1) If you die without a Will leaving behind a spouse and 2 children, your assets will be divided up one-third to your surviving spouse, one-third to one child, and one-third to the other child.  Because you have at least one Group One heir, no one else will inherit your estate.  The problem with this is that if you die without a Will leaving a spouse and two underage (i.e., under 21 years old) children, your spouse will share your estate with two minor children, and the children's interests in the estate will be held for them in a guardianship.    

(2) If you die without a Will and your spouse has already preceded you in death, and you have no children, your heirs would be the surviving Group Two heirs.  Therefore, if your parents are already dead but you have a surviving sister, your surviving sister would inherit to the exclusion of the Group Three and Group Four heirs. 

(3) If you die without a Will and you have no surviving spouse or children (Group One), no surviving parent or siblings (Group Two), and only one surviving uncle (Group Three), then your surviving uncle will inherit to the exclusion of the Group Four heirs.

If you are ok with your assets passing according to this framework, then you probably don't need a Will.  However, it is always best to have a Will that states clearly in writing who you want your assets to pass to at the time of your death.  For parents with small children it is irresponsible to not have a Will!

For more information on intestate succession or any other estate-related matter, please visit our website at www.showspowell.com.