Last Will & Testament: The One Legal Document Everyone Absolutely, Positively Needs

There are lots of reasons everyone should make a will. Here are just a few.

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last will testament the one legal document everyone absolutely positively needs

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Updated on: April 25, 2024
Read time: 3 min

It comes as no surprise that over 70% of Americans don't have a last will and testament. Most people aren't eager to draft any legal document, let alone one that deals with life's biggest certainty. But it's a lot easier than people realize. And the peace of mind—especially for parents with young children—is well worth the time.

Why you need a last will and testament

In a nutshell, a last will and testament ensures that your wishes are honored. These include life-impacting decisions about who receives your property and who raises your young children. Most people don't realize that without a last will, the government will make these critical decisions for you. Here are some of the top reasons to create a last will as soon as possible.

Have a say in how your children are raised

If you're a parent with young children, it is absolutely essential that you keep an up-to-date last will and testament. The reason is simple. You should have a say in who raises your children in your absence. Not the courts. Not state law.

If you want your child raised in a certain place, with people who share your values, you need to indicate this in your last will.

You simply can't assume the courts will place your children with the guardian of your choice. Keeping your will updated (ideally after the birth of each new child) will also help prevent ugly custody battles between family members.

Ensure your property goes to the people you love

You may not think you have enough property to warrant writing a will, but if you own anything of value—sentimental, symbolic, or otherwise—you should list it in a will. This is your opportunity to show your loved ones you care and are thinking about them. If you do happen to own property of significant monetary value, indicating how it should be divided will reduce the possibility of confusion or family conflict down the road.

Continue caring for your pets after you're gone

Don't assume the people closest to you will automatically care for your pets in your absence. Without specifically naming a pet guardian in your will or setting aside funds for your pet's care, Fluffy or Fido may face an uncertain future. Animal shelters are crowded with pets orphaned by their caring but unprepared owners.

Give more to loved ones and less to the government

All wills are subject to probate court, the legal system through which your debts are settled, and any remaining property is distributed to your heirs. In the absence of a last will, the courts will appoint a court administrator to settle your affairs, which can eat up to 10% of your estate's value.

It also means your property will be tied up much longer—up to 3 years in some cases. For dependents, this can be an extremely long, difficult wait and potentially a financial burden to them if there are no allocated funds to pay for funeral costs and other expenses.

Select the playlist for your own funeral

One of the great things about a last will is that you can outline specific wishes for your funeral. Prefer jazz to organ music? Specify it in your last will. Don't like pink carnations? Indicate what kinds of flowers you'd like displayed at your funeral. Don't want to be buried in a cemetery? Leave detailed instructions for cremation or a burial at sea. You can also have the final word. The testament portion of your last will gives you an opportunity to say what's on your mind—for all eternity.

Leave money to a cause you care about

One of the best ways to support a good cause is to donate to it in your last will. It's a great way to leave a lasting, positive impact on the world.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

69 days ago
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legal zoom is the way to go

The representative was very knowledgeable about how long it takes to transfer a deed from one person to the next he explained everything and he was very pleasant when speaking to him

Ross
69 days ago
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I find that LegalZoom has all the…

I find that LegalZoom has all the answers if you're starting a business an LLC and incorporation or you're doing a trust or a Will. These are the people you want to trust don't go to an expensive attorney you're just throwing your money away. Legal soon gets five stars!

Sean Christopher
69 days ago
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I spoke to the representative today about a Trust...

I spoke to the representative today regarding a question about an existing Living Trust. She was very helpful - told me exactly what I needed to know and how to accomplish it. As a representative in the Financial field I guide clients all the time on where to get documents done right - and its always LegalZoom - easy and effecient!

Gareth
78 days ago
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We could not be more Pleased with the…

We could not be more Pleased with the help and service we had during the up dating of our Living Will and Advanced Directive

Richard Poulton
81 days ago
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Legal Assistance for the rest of us

Legal Zoom has made it easy and affordable for us to create an LLC, a Will, and a Trust for our families.

K Chapman
84 days ago
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pleasant and willing representatives…

pleasant and willing representatives ready to help me navigate through your system and supply attorney contact information for my legal questions for my last will & testament

Mark Impink
84 days ago
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LegalZoom .com has exceptional, real, staff to help. I met one!

I purchased multiple accounts to update both our Living Wills and Estate Plans. After utilizing LegalZoom.com’s user-friendly and intuitive platform for these legal documents, I found it necessary to call for clarification on some information within our account. I spoke with Sandra Balderas, who expertly addressed the mistakes I had inadvertently made. Her professionalism and friendliness greatly enhanced the experience. I realized that LegalZoom is not only a straightforward website to navigate for such complex matters, but it also boasts exceptional employees. Thank you, LegalZoom.com, and especially Sandra Balderas, for guiding me through the process. I’m thrilled to have discovered LegalZoom.com.

Max -Phoenix, Arizona
84 days ago
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Sarah was most helpful today regarding updating my estate plan

Sarah was most helpful today regarding updating my LZ docs created 3 years ago. She made sure I had all the information I needed, not just what I asked for. Thank you Sarah!

Diane Floyd
90 days ago
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Quick and easy experience creating a…

Quick and easy experience creating a will package.

Kristin Steel
95 days ago
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Used them past 10 years

Used them past 10 years. I needed another will and power of attorney.

MERLYN C
95 days ago
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Tammy was wonderful and very…

Tammy was wonderful and very knowledgeable. It's because of her that I am going to open a living trust with legal zoom. She was great. Thank You

Erin
103 days ago
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Pleasant Experience

Patience and weel given explanation about the process of how a "Living Trust" & "Deed" works after transitioning and guidance on how to contact an attorney whenever I need legal advice.

Sharron Martin
105 days ago
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It was a breeze to deal with Legalzoom…

It was a breeze to deal with Legalzoom and finished my estate plan within an hour!! Thanks again

BT
109 days ago
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Great team…

Mark and Legal Zoom make estate planning affordable and attainable.

Christopher Maginnis
141 days ago
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Living Will & Forming my LLC

I have used Lega Zoom for several items, including my living will and items to form my LLC for my business. It's fast, easy, and thorough. The customer service is fantastic! I am working with David on a few items for my will,l and he has been a delight. He follows up when he says he will and is incredibly helpful. I highly recommend this company.

Kristen J
153 days ago
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Nadia made it very easy for me to make…

Nadia made it very easy for me to make a decision to sign up and create my estate planning documents with legalsoom. She was very professional and knowledgeable about the package that I chose. She also offered her direct contact for any future questions I might have.

Melita D'Anna
162 days ago
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Kylie helped me to review my history of…

Kylie helped me to review my history of trying to complete my estate plan and contacting a legal advisor that comes with my account. She was patient, knowledgable, and helpful.

Paula
166 days ago
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I have worked with Mark Champ on… Last Will & Testament, Living Will, Quit Claim Deed

I have worked with Mark Champ on several documents I needed and every time he has provided me with every thing I needed and with so much graciousness and knowledge. It has always been such a pleasure working with Mark!!!!!!!!!!!!!

Cathy Donaldson
201 days ago
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Most Dedicated Representative!

Patti Green was the most informative person in guiding me through the process of completing my estate plan . She was always there for me to answer my questions and give excellent advice . Also , she was very polite and considerate ! Legal Zoom is so fortunate to have Patti on their team . Thank you , Patti for all of your assistance and kindness !

Priscilla Page
279 days ago
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Patti Green is GREAT!

Ms. Patti Green walked me through the Estate Planning process. She was very professional, patient and kind. Planning for when you are no longer here is very intricate and difficult. Working with Ms. Green helped give the assurance that I am doing the right thing for myself and loved ones.

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