A will is a legal document that clearly states who will receive your property, possessions, and assets after your death. It is a core component of a comprehensive estate plan because it ensures your wishes are honored and reduces confusion or conflict among family members.

Many people put off writing a will in Kentucky because they think they can wait until they “need it,” but the truth is that you cannot create a will after you pass away. If you die without a valid will, Kentucky’s intestacy laws decide who inherits your property — not you. In other words, you will have a will at death; the only question is whether you wrote it or the state of Kentucky did it for you.

Creating a will while you are alive gives you control and peace of mind. It allows you to:

• Decide exactly who receives your assets

• Choose a trusted executor to manage your estate

• Name guardians for minor children or dependents

• Potentially reduce stress and conflict for your loved ones

It is essential that your will complies with Kentucky law to ensure it is valid and enforceable. Every adult should have a will, and the compassionate, experienced attorneys at Kentucky ElderLaw, PLLC can guide you through the process with clarity and care.

If you do not have a will, the state has a will for you. If you die without a will, the assets that would have passed by a will now pass by the laws of intestacy. These are rules that determine the order in which your descendants and others stand in line to inherit all that you own. Your spouse generally receives only a portion of your assets; if there are children, they get the rest.

If you do not have children, your parents are next in line to get portion of assets your spouse does not get. If your parents are not alive, your siblings will inherit that share. If none of the preceding are alive, your spouse gets the other portion. If you do not like that order of things, you should have a will. Writing a will ensures that your assets go where you want them to go.

In addition, many people feel very strongly about leaving something to their church or a charity that has helped them or their family members. The laws of intestacy do not provide for that. You need a will.

Talk to the team at Kentucky ElderLaw, PLLC, to take the first step in creating a will. We have three locations for your convenience. You can reach our Louisville office at 502-581-1111, our Bowling Green office at 270-467-0002 or our Shepherdsville office at 502-955-1005. You can also send our office an email.