You are in the middle of a divorce, and while the process is long and painful, surely you do not also have to think about the issue of dying. Besides, who really needs a will?

Well, you might…if you have children, are in the process of a long divorce, or have real property or other assets.

Wills and the probate process are fairly inexpensive and very family-friendly in Tennessee. A will can help you name the person you want to be the guardian of your children, can help you decide how your assets are divided, and can help your family through a painful time.

Without a will, the laws of the state apply. In the case of married persons, the spouse is the first to inherit. So, if you are not divorced and you die during the divorce process, your spouse stands to inherit. 

Also, your spouse or ex-spouse will always be the first person considered to take care of your children, but if you leave a will naming a guardian, then that person will at least be in a position to challenge the placement of children with the former spouse. Be aware, however, that most of the time parents will win this issue. But, if your ex-spouse is deceased, imprisoned, or truly not fit, a guardian named in the will has the power of your intentions through the will to ask the court to place the children with you.

Death is painful for those left to deal with the aftermath. A will can be of tremendous help, in that it outlines your desires, leaves a plan for the court to enforce, and can save your family money. For instance, if you leave someone a specific item, your family does not have to decide who should get it. And, if you own real property, leaving a will directing how you want that real property divided or otherwise managed can save a court hearing on the question of what and how to manage it.

If you are lucky enough to have a large amount of assets, say $750,000 or more, a well-crafted will and some estate planning can save your family money on taxes.

No one wants to think about his or her own death. But, when you are divorcing and starting over, take the time to review the needs of you and your family, and consider investing the time in preparing a will.