Why Every Adult in Indiana Needs a Will

Estate planning isn’t just for the wealthy or something to delay until later in life. Every adult in Indiana, regardless of income or age, should have a basic estate plan that includes a will and a power of attorney. Without them, your wishes may be overlooked, and your loved ones could face unnecessary legal hurdles during already difficult times.

 

Estate Planning Is Not Just for the Wealthy

At its core, estate planning is about deciding who should make decisions for you if you become incapacitated, and who should receive your property if you pass away. Indiana’s intestacy and guardianship laws provide a default plan, but it may not reflect what you would have wanted.

 

Common Myths About Wills and Estate Planning

Many people delay estate planning because of common misunderstandings:

 

“I’m too young.”
In Indiana, any adult age 18 or older who is of sound mind can make a will. Accidents and illness can happen at any age, which is why planning ahead is important, even for young adults.

 

“I don’t have enough assets.”
Even if your property consists of just a vehicle, a checking account, or personal belongings, these items can still cause delays or family conflict if you pass away without a plan.

 

“My family will figure it out.”
In most cases, loved ones do not automatically have legal authority to access your financial accounts or make healthcare decisions for you. Without the proper documents, institutions will often require court approval before anyone can act on your behalf.

 

What Happens in Indiana If You Die Without a Will

If you die without a will, Indiana law, not you, decides who receives your assets. Under intestacy rules:

  • Unmarried partners, non-adopted stepchildren, and friends are not entitled to inherit.
  • The court appoints someone to manage your estate (your personal representative).
  • If you have minor children and no legal guardian is named, the court also selects their guardian, and it may not be the person you would have chosen.

Key Benefits of Having a Will in Indiana

A will gives you the power to:

  • Choose who gets what. You can name beneficiaries that intestacy laws would otherwise overlook, such as a long-term partner, a stepchild, or a favorite charity.
  • Protect your children. Parents can nominate a guardian for minor children, and courts generally give strong weight to that nomination. A will can also coordinate how assets, including life insurance or other funds, are managed for your children.
  • Name a personal representative. You decide who should oversee your estate, rather than leaving that decision up to the court.

Why Powers of Attorney and Health-Care Documents Matter

A complete estate plan goes beyond just a will:

  • Financial Power of Attorney allows someone you trust to handle your finances if you’re unable to do so. This often avoids the need for a court-appointed guardian, which can be costly and time-consuming.
  • Healthcare Power of Attorney and Advance Directives allow you to name a person to make medical decisions on your behalf and outline your treatment preferences if you are unable to speak for yourself.

This planning is especially important for young adults. Once a person turns 18, health care providers generally cannot share medical information with parents or allow them to make decisions without proper legal documents.

 

Basic Legal Requirements for a Valid Indiana Will

To create a valid will in Indiana:

  • You must be at least 18 years old and of sound mind.
  • The will must be in writing and signed by the testator (or by someone at the testator’s direction in their presence), and it must be witnessed by two competent people who are present when the will is signed.
  • Indiana does not recognize unwitnessed handwritten (“holographic”) wills as valid.

Working with an Indiana estate planning attorney helps ensure your documents comply with current law and that your will coordinates properly with your power of attorney and healthcare directives.

 

Take the First Step Toward Peace of Mind

Estate planning doesn’t have to be complicated or expensive, but it does require intention. Begin by listing your assets and considering who you trust to serve as your guardian, financial agent, and personal representative.

 

Ready to protect what matters most? Feel free to contact Uzelac Law today to create a will, financial power of attorney, and healthcare documents tailored to your stage of life and goals.