Have you ever considered what will happen to your assets -- your house, the contents of your bank account, etc. -- after you’ve passed? Many of my clients say they’d like their assets to be split between their children or to see certain funds go to charitable organizations. The only way to guarantee that your assets are distributed as you desire is to have a will.

As difficult as it may be to think about someone else raising your child, choosing a guardian for your child is an invaluable gift. By selecting a guardian with the same values, morals, religious beliefs, and commitment to education that you have, you will ensure that your child will grow up to be the person you want him or her to be.

When I meet with a potential new Estate Planning client, one of the first questions I hear is, "Do I really need a will?" That question is usually followed by comments such as, "I don't have tons of money," or "If I die, my spouse will just get everything," or "If my spouse and I both die, my parents will raise our kids."

Although each situation varies, and there are many factors to consider, you may want to set up a special needs trust to provide for your child. A special needs trust may be a useful tool for a disabled individual who is receiving, or will receive, government benefits.

Blended families – those in which one or both spouses have children from a prior relationship – are becoming more and more common. Estate planning for blended families is complex, especially if one spouse is significantly older than the other, or if one spouse has much more money than the other.

For a formal, typed, will (called an “attested” will), there are three requirements that must be met for the will to be valid and enforceable:

To fund a trust means to retitle certain assets in the name of the trust.  Your trust only controls those assets that are “owned” by the trust.  If your trust is funded properly, the trust will control the distribution of your assets when you die; assets not owned by the trust may not be distributed as provided in the trust.  A properly funded trust can also help your estate avoid probate when you die.

A person who dies without a will is said to have died intestate. If you die intestate, your estate will be distributed according to state law, not according to your wishes. With very few exceptions, only family members will inherit your estate if you die intestate. If you want to leave money to a close friend, church, or charity, for example, you need to have a will.

A will (often called a Last Will and Testament) is a set of instructions that allow you to distribute your assets upon your death. You can also set up guardianship for your minor children. Once the instructions in the will have been carried out, the will ceases to exist.

While there are many factors to explore when chosing a guardian, I advise my clients to consider the following:

My boyfriend and I were together for more than 10 years, but we never married. He recently died without a will, and he never listed me as beneficiary on his life insurance and 401(k). Do I have a right to inherit a portion of his estate?

The only way to be absolutely certain that the person(s) you want to be guardian of your minor children is selected in the event that both you and your partner pass is to have a valid will in place.