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No Will, Outdated Documents Pose Risks

Experts Recommend Updating Will Once Every 5 Years

POSTED: 6:48 pm EDT July 1, 2009
UPDATED: 12:40 am EDT July 2, 2009

While the idea of writing a will often forces an individual to acknowledge his or her own mortality, not having one, or even an outdated draft can pose even more problems.

"I think most people think that if they actually write a will, they're going to die, and if they don't have a will, then God would not let them die," said Melanie Lasota, an estate planner with Scneider Downs.

That may partially explain why a 2007 survey found that 55 percent of American adults do not have a will, but some also said they believe they don't have enough assets.

Lasota said that after someone's death, state statute determines who gets what, likely leading to lengthy court battles with a high cost spent on legal fees.

"Don't assume your spouse is going to get everything because she probably won't," said Lasota.

Experts recommend updating a will at least once every 5 years.

Tax codes can change and so can relationships with those previously listed in the will.

"Do you really want your child or children to have to lose a parent and have to go through a custody battle with other relatives fighting over them? No one wants that for their children," said Lasota.

Maryanne Ferguson said she recently updated her will and felt relieved by it.

"You feel like everything is there in place and everyone knows what to do if something would happen," said Ferguson.

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