Do I really need a will? Why estate planning matters for every Idahoan

As an estate planning attorney, I'm often asked this question by clients of all ages and financial backgrounds. The short answer: Yes, you probably do need a will — even if you think you don't. Here's why: 

What Happens Without a Will in Idaho 

When you die without a will in Idaho (known legally as dying "intestate"), Idaho state law decides who gets your property — not you. The state has a predetermined formula that distributes your assets to your closest relatives, starting with your spouse and children, then to parents, siblings, and more distant relatives. 

This one-size-fits-all approach rarely aligns perfectly with anyone's wishes. It doesn't account for complex family relationships, cherished friendships, or charitable causes you may care about. And, it doesn’t put the person or people you would necessarily choose in charge of important decisions about you, your finances, your health care, and your end-of-life decisions.  

Five Reasons Everyone Needs a Will 

1. You decide who gets what. A will allows you to determine exactly who receives your assets, from your home and savings to family heirlooms and personal possessions with sentimental value. 

2. You choose guardians for minor children. Perhaps the most important function of a will for parents is naming guardians for minor children. Without this designation, a court will decide who raises your children if both parents pass away. 

3. You select your executor. Your executor manages your estate through probate, pays debts, and distributes assets. Without a will, the court appoints someone — and not necessarily the person you would have chosen. 

4. You can minimize family conflicts. Clear instructions about your wishes can often prevent disagreements among family members during an already emotional time. 

5. You may reduce probate expenses and other costs. A properly drafted will can help streamline the probate process and potentially reduce costs.

Common Misconceptions 

"I don't have enough assets to need a will." Even if you don't own property or have significant savings, you likely have personal possessions that matter to you. A will ensures these items go to the people you choose. 

"My spouse will automatically get everything." Without a will, Idaho law typically splits assets between your spouse and children. If you have children from a previous relationship, they may receive a portion of your estate that you intended for your spouse. 

"I'm too young to worry about a will." Unfortunately, unexpected tragedies happen. Having a will provides peace of mind knowing your wishes will be honored regardless of when that time comes. 

Beyond the Basic Will 

A comprehensive estate plan includes other important legal documents: 

• Durable Power of Attorney: Appoints someone to handle your finances if you become incapacitated 

• Health Care Power of Attorney: Appoints someone to make your medical decisions if you become incapacitated 

• Living Will: Specifies end-of-life care wishes 

• Living Trust: May help avoid probate and provide more control over asset distribution compared to a simple will

Taking the First Step 

Creating a will (or a trust) doesn't have to be complicated or expensive. While online templates exist, consulting with an Idaho estate planning attorney ensures your will complies with state laws, truly reflects your wishes, and will be effective when it matters. 

Remember that estate planning isn't just for the wealthy or elderly - it's a thoughtful act of care for the people and causes that matter most to you. It gives you control over your legacy and provides clarity and direction for your loved ones during a difficult time. 

Don't wait for the "perfect time" to create your estate plan. The peace of mind that comes from having your affairs in order is invaluable - both for you and for those you care about most.  

My law firm is currently offering free telephonic, electronic, or in-person consultations concerning adult guardianships, probates, and creating or reviewing estate planning documents.   

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Robert J. Green is an Elder Law, Trust, Estate, & Guardianship Attorney and the owner of Kootenai Law Group, PLLC in Coeur d’Alene. If you have questions about estate planning, probates, wills, trusts, powers of attorney, guardianships, Medicaid planning, or VA Benefit planning, contact Kootenai Law at 208-765-6555, [email protected], or visit www.KootenaiLaw.com.

This has been presented as general information and not as legal advice. Do not engage in legal decision-making without the advice of a competent attorney after discussion of your specific circumstances.