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Wills and estate attorneys are often asked: “Do I really need a Will?” “Won’t my spouse inherit everything if I die?” The answer is yes, you should have a will, and no, your spouse won’t necessarily inherit everything.

If you don’t have a Will, you are not alone. Some estimates are that between sixty and seventy percent of adults in the United States do not have a Will that they have prepared for themselves. In fact, many celebrities and historical figures have failed to make a Will, including Abraham Lincoln, Pablo Picasso, James Dean, Sonny Bono, Howard Hughes, Jimi Hendrix, Bob Marley, Amy Winehouse, Kurt Cobain, Prince and Aretha Franklin.

The stories of the consequences to the estates and heirs of these celebrities and historical figures have become legendary. For example, when James Dean died tragically and unexpectedly without a Will, his estate went to his father who had abandoned him as a child and with whom he had had no relationship. For Howard Hughes, more than sixty-five Wills were presented to the probate court purporting to be his, but none were accepted. His money went to distant relatives with whom he had little or no interaction during his lifetime. Prince’s estate has been in probate litigation from the time of his death in 2016, at the age of 57, through the date of this writing in 2019. Settlement is not yet in sight. There have been more than forty-five claims, numerous lawsuits over who were his heirs, children, relatives, and even spouse. There were also lawsuits over who should administer the estate. Other than the attorneys and the administrator, who have received millions of dollars, none of the heirs have received any distributions as of this writing. A properly drafted Will would have eliminated nearly all of those lawsuits and claims.

Contrary to common belief, when a person dies, his or her surviving spouse will not necessarily inherit everything from the deceased spouse if the decedent were to die intestate (meaning that the person died without having executed a Will). State law of the decedent’s domicile in existence at the time of death will govern with respect to who will inherit the decedent’s property, and those laws vary from state to state. They also change from time to time as state legislators enact new laws and revise existing laws. Therefore, who will ultimately inherit an intestate person’s assets will depend upon where he or she last lived and when the person died.

If the intestate decedent had a significant other, but was not married to him or her, then no matter how long a relationship was in existence, that life partner could get nothing. State intestacy laws do not generally recognize such relationships or treat the surviving partners as heirs. If a person wants to benefit a significant other or anyone else who is not considered an “heir at law” under state law, then an estate plan is absolutely necessary.

Also, being as specific as possible helps. A recent study has shown that more probate lawsuits are filed over personal effects than money. Therefore, a specific Will can help avoid such litigation. Having a well-drafted Will can also streamline the administration process and save costs and legal fees. In addition, you can create a Trust within your Will to protect your legacy from the creditors or wastefulness of your children and other beneficiaries.

Thus, there are numerous reasons to have a Will and there are no good reasons to be without one. Without a Will, there is no guarantee that your assets, including bank accounts, brokerage accounts, home, valuables and everything else you own when you die will be distributed the way you want.

For more information, feel free to contact the law office of Henry J. Kulakowski, Jr., (727) 787-9100.

Many pet owners consider their pets as members of the family. These individuals often say that if something happens to them, they are nearly as concerned with what will happen to their pets as they are with their children or spouse.

There are many issues surrounding caring for pets after the disability or death of the pet’s owner. Given the feelings of many individuals toward their pets, and the costs of care and the longevity of some types of pets, planning in this area can be of critical importance. This is particularly true if a pet is to be taken to another state upon the owner’s death or disability, where the laws of another jurisdiction will apply. Most pet owners do not want their pets killed if something should happen to them. However, without proper planning, the death of the pet is almost certain in some areas.

The law treats pets as property. An individual cannot leave money outright to a pet, as property cannot own other property. An individual may leave an outright gift of money to a caretaker with the request that the caretaker care for the individual’s pet for the rest of the pet’s life. However, because the caretaker received the gift outright, and not in trust, no one is responsible for ascertaining whether the pet is receiving the care requested by the pet owner.

Once the caretaker receives the gift and the pet’s owner is deceased or incompetent, there is nothing to stop the caretaker from having the pet euthanized or otherwise not continuing to care for the animal. In addition, once in the caregiver’s hands, the assets are exposed to the caregiver’s creditors and they may even be transferred to a former spouse on the caregiver’s divorce.

As of 2018, every state has enacted statutes pertaining to pet trusts. These statutes allow virtually any third party designated by the terms of the trust to use the trust funds for the benefit of pets alive during the Trustmaker’s lifetime. In Florida, the trust must terminate upon the death of the pet or, if more than one, upon the death of the last surviving pet. Given the long life expectancies of some animals, such a trust may be in existence for a very extended period of time. Court intervention is available at the request of any person having an interest in the welfare of the animal to assure that the trust terms are carried out. Thus, the continued care of a cherished pet may be assured.

A traditional Will would be inadequate since a Will cannot address disability and also because of the time lapse between the owner’s death and the probate of a Will. A trust would be much more effective for this purpose. Such a trust could even be named as a beneficiary, or a co-beneficiary, of a life insurance policy on the owner’s life to help defray the costs of care for the pet.

An alternative to naming individual caregivers is for the pet owner to name a local charitable organization that will ensure care in exchange for a contribution upon the owner’s disability or death. Pet owners should consider no-kill organizations that have the pet’s best interests in mind and will find a good home for the animal.

Many individuals are unaware of the issues surrounding the care of their pets after their disability or death. With the use of proper planning, pet owners can ensure that all of their loved ones, even their four-legged ones, are well cared for if something should happen to them.