If you don't have one, a court decides who gets your
assets.
A will is a device that lets you tell the
world whom you want to get your assets. Die without one, and the
state decides who gets what, without regard to your wishes or your
heirs' needs.
So-called intestacy laws vary considerably from
state to state. In general, though, if you die and leave a spouse and
kids, your assets will be split between your surviving mate and
children. If you're single with no children, then the state is likely
to decide who among your blood relatives will inherit your
estate.
Making a will is especially important for people with
young children, because wills are the best way to transfer
guardianship
of minors.
You may amend your will at any time. In fact, it's
a good idea to review it periodically and especially when your
marital status changes. At the same time, review your beneficiary
designations for your 401(k), IRA, pension and life insurance policy
since those accounts will be transferred automatically to your named
beneficiaries when you die.
A will is also useful if you have
a trust. A trust is a legal mechanism that lets you put conditions on
how your assets are distributed after you die and it often lets you
minimize gift and estate taxes. But you still need a will since most
trusts deal only with specific assets such as life insurance or a
piece of property, but not the sum total of your holdings.
Even
if you have what's known as a revocable living
trust in which you can put the bulk of your
assets, you still need what's known as a pour-over will. In addition
to letting you name a guardian for your children, a pour-over will
ensures that all the assets you intended to put into the trust are
put there even if you fail to re-title some of them before your
death.
Any assets that are not re-titled in the name of the
trust are considered subject to probate. As a result, if you haven't
specified in a will who should get those assets, a court may decide
to distribute them to heirs whom you may not have chosen.