During the beginning of the pandemic, at the end of March 2020, the topic of having a will, or estate plan, became serious. You probably have a will, but some people do not, Further, some married women I have come into contact with have thought that they did not need a will at all if they were married. Some married men have assumed that the will would be a joint document between the couple, yet who are two individuals.

Talking about a will is known to be hard, and people who have had parents pass away unexpectedly have spoken on the challenges of even locating the will. Maybe it’s buried beneath a marble tile in the sun-room, or maybe it’s under a floor board in the attic.

Transparency can help children know what to do to settle an estate, and it doesn’t need to be depressing, if parents lead the way by presenting it as preparation. During the writing of this article, and the scheduling of forcing myself to make a will, my own children were asking why I was talking about it. I let them know where to find the Death Binder of Passwords in my closet, which is 4” thick, and maybe it needs a new name, but will help them a lot when settling accounts when (if!) I die.

As a starting place when dealing with wills for this article, I started with family: my sister. She lived in Chicago at the time, and works for a law firm called Seyfarth Shaw, LLP as their Manager of Pro Bono & Philanthropy. She directed me to Caroline Manley, an Illinois-licensed attorney and the Executive Director at the Center for Disability & Elder Law in Chicago, IL.

Caroline answered a few questions about the basics in estate planning. Before diving in, you should know that Caroline includes this disclaimer: “This content for informational purposes only, and is not legal advice. Individuals should consult with an attorney licensed in their own state.”

Caroline takes it away below:

“Completing an estate plan is an important task. Like all legal matters, consulting with an attorney who is licensed in your state is very important. Laws differ between states, but the same basic concepts apply throughout the country.“

1. What happens if I do not have a will?

“Every state has intestate succession laws. These laws are the default rules for what happens if a person dies without an estate plan, and the laws have a hierarchy for who takes according to closest living relatives. Knowing your state's default plan is important, because it very well may NOT be who you would want to take, or might not be the best plan for you depending on your individual circumstances.”

2. Can't I just write a will myself?

“While most states allow you to write your own will without the assistance of an attorney, it is not recommended. Neither are online programs or templates where you will not get a plan that is specific to your individual circumstances. A lawyer will learn about your total assets and goals, and then explain the best estate planning tool. These tools may include a will, transfer on death instrument or deed, or trust. Having an experienced attorney help you is especially important for families with children under the age of 18 and for anyone who wants to leave their assets to a person with disabilities who receives, or is expected to need, public benefits.“

3. I'm especially worried about getting this taken care of because of COVID-19. Can I still find an attorney if I am under a shelter in place order?

“Yes! Most estate planning attorneys are small businesses or solo practitioners. You can get your estate plan completed AND help a small business. Attorneys can meet with you via phone or video conferencing in order to conduct your client interview. Once completed, the documents can be emailed to you for printing or sent in the mail. Your attorney will let you know specific requirements for how to execute the documents.”