LOS ANGELES — LegalZoom.com, an online legal document service, finds that seven out of 10 Americans ,or 70.2 percent, lacked a Last Will and Testament. This number is nearly identical to survey results from previous years, showing that Americans remain largely unprotected today. The survey also found that 20 percent of all respondents had not updated their will for half a decade or more.
Most strikingly, the study showed that parents with minor children were less likely to have prepared a last will than other individuals. A possible contributing factor: nearly one out of five respondents with minor children cited guardianship issues as a deterrent to preparing a last will. Similarly, 42.3 percent of respondents had not decided who would serve as a guardian to their children in the event of their death. As a result, 74.4 percent of parents still did not have a last will and testament, despite the fact that 79 percent of parents noted the importance of creating this legal document.
“Not preparing or updating a last will presents a serious problem for parents who want a say in how and where their children are raised,” said Robert Shapiro, co-founder of LegalZoom.com. “Most parents don’t realize that without a will, these critical decisions will be left to the courts and to state law. And the courts may have very different ideas about what constitutes the best interest of the child.”
While most respondents noted the importance of having a last will (73.8 percent), they also cited common barriers for not preparing one. Cost and time ranked among the top reasons.
“More than 210 million adults in the United States have not prepared a will. We would like to make 2007 the year LegalZoom.com drastically reduces the number of unprotected Americans,” said Brian Liu, chairman of LegalZoom.com. “There is a common misperception that last wills are only for those with significant financial assets, but that’s simply not the case. A last will and testament is one of the most important legal documents most of us will even sign. And if you are a parent with minor children, a last will is absolutely critical.”
LegalZoom.com recommends that everyone keep an updated last will to designate guardians for minor children, specify last wishes, and name beneficiaries for general and specific gifts, such as funds, automobiles, homes, and family heirlooms. It is especially important to update a will following significant life events such as marriage, divorce, new property acquisition, or the birth of a child or grandchild.
Posted in Lifestyles on Wednesday, May 30, 2007 7:00 pm Updated: 2:37 pm.
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