Why Every Adult Needs a Will

Most people put off writing a will for the same reason they put off going to the dentist — it feels uncomfortable, and it is easy to convince yourself you can deal with it later. But unlike a dental checkup, dying without a will does not just affect you. It affects everyone you love.

If you are an adult in Pennsylvania — whether you are 25 or 75, whether you own a home or rent an apartment — you need a will. Here is why.

When someone dies without a will in Pennsylvania, they are said to have died "intestate." That means the state steps in and decides what happens to your assets according to a fixed formula called the intestacy laws.

Those laws may not reflect your wishes at all.

For example, if you are unmarried but have been with a partner for years, Pennsylvania's intestacy laws give them nothing. Your assets would pass to your closest blood relatives instead — even if you were estranged from them. If you have children from a previous relationship, the distribution may not align with what you would have wanted for each of them.

The state does not know your family dynamics. A will does.

The most obvious purpose of a will is to direct where your property goes after you die. That includes:

• Real estate — your home, a vacation property, land
• Financial accounts — bank accounts, investment accounts (those without named beneficiaries)
• Personal property — vehicles, jewelry, furniture, family heirlooms
• Business interests — a share of a family business or professional practice
• Digital assets — online accounts, cryptocurrency, digital files

Without a will, you have no say. With one, you can leave specific items to specific people, set conditions on gifts, or direct assets to a charity that matters to you.

This is the reason young parents most urgently need a will, and the one most often overlooked.

If you have minor children and you die without a will, a court will decide who raises them. The judge will try to act in the children's best interests, but they do not know your family. They do not know which sibling you trust, which grandparent lives nearby, or which family member shares your values.

A will lets you name a guardian — the person you want to raise your children if you cannot. You can also name a backup guardian in case your first choice is unable to serve.

This is one of the most important decisions a parent can make, and a will is the only legally recognized way to make it.

Your executor (called a "personal representative" in Pennsylvania) is the person responsible for carrying out your wishes after you die. They will:

• File your will with the probate court
• Notify creditors and pay valid debts
• Gather and value your assets
• Distribute property to your beneficiaries
• Handle the paperwork and legal filings

Without a will, the court appoints an administrator — often a family member, but not necessarily the one you would have chosen. Naming your own executor ensures the process is handled by someone you trust, who understands your wishes and your family.

Grief is hard enough without adding uncertainty and disagreement about who gets what. When there is no will, family members may have very different ideas about what the deceased would have wanted — and those disagreements can turn into lasting rifts.

A clearly written will removes the guesswork. It speaks for you when you no longer can. Even if family members are disappointed by what it says, there is far less room for dispute when your wishes are documented in a legal document.

"I don't have enough assets to need a will." You do not need to be wealthy to benefit from a will. Even modest estates benefit from clear direction. And if you have children, a will is essential regardless of your net worth.

"My spouse will automatically get everything." Not necessarily. Pennsylvania's intestacy laws divide assets between a surviving spouse and children in ways that may surprise you. A will ensures your spouse receives exactly what you intend.

"I already have beneficiary designations on my accounts." Beneficiary designations on retirement accounts and life insurance do pass outside of probate — but they do not cover everything. A will handles the rest of your estate and coordinates with those designations.

"I'm too young to need a will." No one is too young. Accidents and illness do not check your age first. A will is an act of love for the people who depend on you.

It is worth knowing the limits. A will does not:

• Override beneficiary designations on retirement accounts or life insurance
• Control assets held in a trust
• Govern jointly owned property that passes by right of survivorship

For a complete estate plan, a will is often paired with other documents — a durable power of attorney, a healthcare directive, and sometimes a trust. An attorney can help you understand what combination makes sense for your situation.

Many people imagine the process of writing a will as complicated and expensive. In reality, for most families, it is straightforward. A consultation with an estate planning attorney typically takes an hour or two. You leave with a legally valid document that reflects your wishes and protects your family.

At Berkleigh Law, we work with families throughout Berks County to create clear, practical estate plans — including wills that actually reflect how you want to take care of the people you love.

If you have been putting this off, there is no better time than now. Contact us to schedule a consultation.