You may know that it's a good idea to have a will, but you may not be clear as to why it's necessary. Some people assume that if they and their spouse or significant other own everything as joint tenants, then a will is unnecessary. Others feel that unless they have children, there is no need for them to draft a will.

The most important reason to have a will is to ensure that your assets, which may consist of real estate, cars, household furniture, cash and securities, and other personal property items, will pass to the person or persons of your choice. A will allows you to give more to one child. It also allows you to leave money to a non-relative or charity. If you died without a will, your property could pass to your living relatives in a way that you would not choose.

By making a will, you can also legally disinherit a child or heir by specifically stating the desire to do so. Failure to mention a child in a will is not sufficient to disinherit. While you can limit your spouse's share of your estate, laws in New Hampshire protect a spouse's right to inherit a portion of your estate unless you are legally separated or divorced.

If you died without a will and had no direct heirs, your estate would pass directly to the state. Few people desire this result.

A will avoids family squabbles. Unfortunately, if you died without a will, the first person back from the funeral, not necessarily the person you choose, could end up with your personal effects. Through a will, you can appoint a responsible person to sort out all of your financial matters after your death to ensure that your family and heirs receive what is rightfully theirs. With a will you can also appoint a guardian for your children or for handicapped adults you wish to protect after your death.

Perhaps the most important reason to have a will is peace of mind. By having a will and preparing for the dissolution of your estate, you can feel assured that you have done your best for your family.

To have a will, you must be 18 or older and be deemd of sound mind and under no influence to create a will. Your will must be in writing, and your signature must be witnessed by two people ages 14 or older who are not beneficiaries of the will.

A will contains the names, dates of birth, social security numbers, and addresses of your spouse and children, and specifies their relationship to you. Directions for payment of debts and taxes are not legally required, but it is important that the executor of your will be aware of such responsibilities. The executor is the person you choose to carry out the specific financial duties of the estate after your death. The executor need not be an attorney.

A will also may include your instructions concerning specific pieces of property such as jewelry you wish to leave a certain person or persons.

With the help of your attorney, preparing a will can be accomplished without too much effort or expense. Few care to dwell on death and its aftermath, but having a will drawn up is a responsibility and a duty every adult should undertake.

By: Nashua attorney Linda J. Argenti

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