Question: Until recently, my mother and I lived in different states. However, she has moved in with me so that I can take care of her. Does she need to create a Will if I’m her only child?
Loraine’s Answer: If you are your mother’s only living descendant (or if her only other living descendants are all also your descendants, such as your children or your grandchildren) and she is not married, then you would be her only heir if you survive her. When there is only one heir, it’s typically easy to open an estate administration, get bond, inventory, and report filings waived, and have the broadest powers granted to the administrator, since only one person needs to give consent on these things.
However, if your mother is legally competent and willing to make a well-drafted Will, then you will likely be better off because it’s faster and somewhat cheaper than doing an administration where there is no Will.
In addition, while she is still living, if you are assisting her with financial matters, it will make things easier if she has a validly executed Power of Attorney. If you ever need to make health care decisions for her, it will be much easier for you if she has a validly executed Advance Directive for Healthcare. So, if she is legally competent and willing to do these things, you (and, hopefully, she) will be better off if she does them than if she doesn’t do them. It might also be helpful for her to have a revocable trust or other estate planning measures in place. In particular, if she uses a funded revocable trust, in addition to a Will, Power of Attorney, and Advance Directive, it may make it even easier for you to step in and help manage her affairs if she becomes incapacitated or passes away than it would be with just the Will, Power of Attorney, and Advance Directive alone.
None of these things are great do-it-yourself projects. If she’s willing to undertake estate planning, your mother should find an experienced estate planning attorney and meet with them to discuss her needs and wishes and get the proper documents in place.
Key Estate Planning Takeaways: Even if there is only one heir, having a Will in place tends to make estate administration go more smoothly. It’s advisable to have other estate planning documents, like Powers of Attorney and Advanced Directives for Healthcare, prepared so that the heir is empowered to make decisions for the Will’s creator.
This “Q&A with Loraine” blog series is inspired by answers from Morgan + DiSalvo Partner Loraine DiSalvo to actual user questions posted by individuals on www.avvo.com. This blog is a more in-depth response than is permitted on their site. To view the original question and Loraine’s abbreviated response, click here.
