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If you’re thinking, ‘Do I need a will?’ chances are, the answer is yes. Thinking about a will can feel morbid and unnecessary, especially when you’re young, healthy, and still growing your wealth. And it’s true that not everyone needs a will, especially if you’re single and growing your worth. What’s more, because the term “will” can be used to encompass end-of-life directives, it can confusing to know exactly what people mean if they say, “You should have a will.”

So, we’re here to clarify the topic. Read on to learn exactly which documents are needed if the worst were to happen and you were unable to make your end-of-life wishes known.

What Does a Will Really Do?

Simply speaking, a will dictates what will happen to your assets when you die. It can also be used to provide direction for who will care for any children and pets you have. Without a will, your property will be passed on according to state law, which means that your belongings may go to your spouse or nearest surviving relative, like a parent or sibling.

In some cases, this can be fine. But for people with children or people who own a home, this may not be ideal. Not only that, but dying without a will may put a burden on surviving relatives, leading to a costly and complex process.

In short, a will can communicate your wishes. For instance, it can:

•   Dictate who the executor (the person who administrates the will) is

•   Make a plan for how property will be distributed

•   Make a plan for how children or pets will be cared for

•   Make a plan for how debts and taxes will be paid

Creating a will does not need to be a long and complicated process. But it does need to be legal. While handwritten wills are acceptable in some states, they may be subject to additional scrutiny and may still need a signed witness to be valid.

Recommended: How To Make a Will: 7 Steps

What Does a Will Not Cover?

Let’s review some terms to see what different documents do:

•   A simple will determines what happens to your assets after you die.

•   A living will and other advance directives dictate what may happen if you were incapacitated and unable to make medical decisions. Both can be drawn up at the same time. These are legal documents that spell out medical treatments you would and would not want to be used to keep you alive. It typically communicates your preferences about other decisions, such as pain management or organ donation. In addition, if you have very specific wishes about whom you want to make financial and healthcare decisions if you were to be incapacitated, a living will can document those. This can be helpful if, for example, you’re not married but would want your partner (and not your parents) making these decisions if you were unable to make them yourself.

The guidelines and requirements for creating these documents can vary state by state. Attorneys, as well as online planning templates, can provide the documents to cover all potential end-of-life what-ifs, including creating a living will and advance directive, as well as a standard will to cover all bases.

Recommended: What Happens If You Die Without A Will?

When Do You Need a Will?

In a nutshell, you need a will if you have a spouse, children, or considerable assets. A will can take the guesswork out of matters if you were to die and can avoid legal complications.

Even if your life is relatively “simple” to unpack, a will can ensure there are no uncertainties and that your survivors are crystal clear about your wishes. Some times to consider a will:

•   When you want to leave things to family and friends. These may not be valuables but could be meaningful, sentimental items

•   When you own property

•   When you have a spouse and/or children

•   When you want to provide to a charity

•   When you have a positive net worth

•   When you have a complicated financial picture

In short, a will can help answer any questions your survivors may have, simplifying a process that may be emotion-filled. It can also help provide peace of mind that if you were to die, your loved ones will have a road map.

Are You Married? You Need a Will

You may think a will isn’t necessary if you’re married. After all, your assets will simply go to your spouse, right? It’s not that simple. State laws do differ. Typically, but not always, spouses, domestic partners and blood relatives are first in line when it comes to receiving inheritance. Having a will ensures that you direct where you want your estate to go, protecting the interests of those closest to you.

Another issue comes up when you pass away without a will, which is known as being intestate: the state gets involved in a potentially lengthy process called probate. A court-appointed administrator will identify legal heirs and determine how your estate is divided and bills are paid, according to the laws of your state. This can make for a complicated situation in which your spouse must wait for an inheritance, potentially causing financial hardship.

There’s another reason why a will is valuable if you’re married. It’s likely you and your spouse will create what’s known as a mutual will (these should be created with a lawyer’s help). After one partner dies, the remaining party is bound by the terms of the mutual will. This kind of document can, for example, be used to ensure that property gets passed to the deceased’s children rather than to a new spouse. In this way, a will can smoothe family dynamics in the future and ensure that your wishes are followed.

Recommended: Joint Will: What Is a Mutual Will?

Do You Have Kids? You Need a Will

One motivating factor for creating a will is when a couple has children. A will not only allows you to choose a guardian for your children, but it also allows you to name a guardian for your children’s finances — and they don’t necessarily need to be the same person.

It’s important to create a will even if the assumption is that the child’s other parent will look after the children. Not only can a will provide a template for a what-if situation if both parents were to pass away, but it can also ensure that your children will receive the share of your estate that you desire when they’re older.

Having a will can minimize disruption in case the worst were to happen and one or both parents were to pass away. If there is no will, the court will decide, and while the court will keep the best interests of the children in mind, the parents are the ones who know the kids best and may have the best solution.

In short, a will allows you to make sure:

•   Children are cared for by the people you wish

•   Children’s finances are cared for by the people you wish

•   Adult children will receive the inheritance you desire them to have

•   Any unique circumstances regarding child care is taken into account

Do You Have a Positive Net Worth? You Need a Will

Even if you’re single, a will may make sense if you have a positive net worth (aka, more assets than debt), which may include owning a house. Depending on your net worth, you may consider creating a trust. This can help your family avoid the probate process.

You can also be very specific about how you want your assets allocated in the future. For example, you may want to provide gifts to charity upon your death.

You also want to check your beneficiaries for any accounts, including retirement accounts and life insurance policies. The named beneficiary takes precedence over who’s named in a will, so it can be a good idea to double check that the named beneficiary is the person you want to receive those assets.

Are You Young, Single, Asset-free, or Without Kids? You Don’t Need a Will (Yet)

While you may not need a will if you don’t have any dependents, property, or assets, it’s still worth thinking through what you do own. For example, if you have a life insurance policy or retirement account, make sure the beneficiary you name matches who you would want to have those funds as time passes.

But a will can ensure there is no confusion over your wishes, especially if you have pets to be cared for or mementos you know would be meaningful to the people in your life.

How to Set Up a Will

A 2021 survey of over 2,500 people from Caring.com, a caregiver website, found that the past year made more people realize the importance of having estate planning documents. However, 2 out of 3 people don’t yet have a will. One big justification: Not enough time to create a will.

However, creating a will does not need to be complex. Online templates can walk you through the process. An online template may be free or may cost $100 and up, depending on the complexity. More expensive templates may be state-specific and detailed.

One critical aspect: Make sure the will is legal in your state. This may mean the will needs to be notarized and signed in front of witnesses. Once you have a will completed, it can be a good idea to make several copies and let the person you’ve named executor know where they can find the will in case you were to die.

If you have multiple, complex assets (such as several jointly-owned properties or properties jointly-owned with different people) you may need an attorney. This may cost $1,000 and up but can give you the peace of mind that everything is covered.

The Takeaway

While creating a will may not exactly be a fun activity, it doesn’t need to be very time-consuming or expensive. It’s an important process that can deliver some valuable peace of mind for the future. It lets you know your “house is in order,” and that your wishes are clearly captured. With a will in place, your worldly goods go where you want them to go, and you ensure that loved ones are taken care of in the way you see fit. When you get these documents done, you’ll also save those nearest and dearest to you from having to deal with legal red tape during an emotionally challenging time. Yes, death and wills are a topic many of us would like to avoid. But being pragmatic and taking care of this important legal concern is the right, responsible step to take.

The Simple Way to Protect Loved Ones: SoFi and Trust & Will

To help you with this important process and make sure it isn’t arduous, SoFi has partnered with Trust & Will^*, the leading online estate planning platform in the U.S. — to give our members 10% off their trust, will, or guardianship estate plans.

Photo credit: iStock/evgenyatamanenko

SoFi member benefits are provided by third parties, not by SoFi or its affiliates. Providers pay royalty fees to SoFi for the user of its intellectual property. These fees are used for the general purposes of SoFi. Some provider offers are subject to change and may have restrictions. Please contact the provider directly for details.
^*Trust & Will, a leading digital estate planning platform, is offering a 10% discount specifically for SoFi members. No promo code required. The 10% discount is automatically applied at checkout to the initial purchase of any Guardian, Will, or Trust-based estate plan.
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Since the onset of the COVID-19 pandemic, millions of Americans received stimulus checks from the federal government. As of March 2021, a year into the pandemic, the third round of stimulus checks have been approved with the American Rescue Plan Act.

This package includes one time payments of $1,400 for individuals making $75,000 or less and per person for couples earning $150,000 or less. Additionally, those with dependents would qualify for another $1,400 per child. The IRS sent out “Economic Impact Payments” as checks in the mail or electronically via direct deposit.

The stimulus checks are a measure to provide financial relief to millions of Americans. Many people used the proceeds of the checks to pay for food, utilities, credit card bills and other expenses while others saved the money for future emergencies.

The federal government also provided stimulus checks in 2008. The amount was much lower—individuals received $600 and couples filing jointly received up to $1,200.

These economic impact payments could be used by consumers in several ways, including paying off debt such as credit cards or private student loans, starting an emergency fund, or by investing the money for retirement.

Paying Off Debt

The additional $1,400 can come in handy for people who want to pay off their debt, especially higher interest debt such as credit cards. Consumers could use all or a portion of the stimulus payment to make extra payments on a credit card, loan, or other debt. Additional payments could go towards the principal portion of what is owed, or what the consumer originally borrowed, helping pay down the interest faster; if you want to do this, it’s smart to contact the lender to let them know and ensure those extra payments are applied to the principal balance.

People who still have other credit card debt could look into obtaining a personal loan. Generally, personal loans have lower interest rates than credit card debts. Securing a lower interest rate could potentially help expedite debt repayment, so long as the repayment term is not extended.

For some, student loan debt may be a focus. In March 2020, the CARES Act temporarily paused federal student loan payments, reduced interest rates to 0% on all federal student loans, and temporarily halted collections on federal student loans in default. These protections have now been extended through Aug. 31, 2022. This does not apply to private student loans. The stimulus payment could help a borrower pay down their federal student loans or make extra payments.

Some may consider refinancing their student loans, should they be able to qualify for a lower fixed or variable interest rate, or preferable lending terms. This can make sense for some borrowers, especially those who already hold private student loans, but won’t be right for everyone. Federal loans offer borrower protections that private loans do not, so borrowers with federal student loans may want to consider all of their options carefully. Refinancing federal student loans eliminates them from all federal benefits, including the temporary relief offered by the CARES Act.

Starting an Emergency Fund

An emergency fund comes in handy to pay rent or a mortgage, auto loan, student loans, or credit cards if you lose your job or your hours are slashed. Finding another full-time or part-time job could take several weeks or months and the additional money could be useful.

Saving for an emergency fund can be difficult after paying your bills each month. The money from the stimulus check could provide a boost to help start a rainy day fund. Having the extra savings can help prevent someone from having to rely on their credit cards and rack up more debt in case there is an emergency, say something like a last minute car repair or a sudden illness.

Having the extra money can also be a relief in the event of a job-loss since it can take several weeks for unemployment funds to arrive.

General recommendations suggest that people save three to six months of expenses in their emergency fund. In some situations, it may make sense to save more than three to six months worth of expenses. For example, freelancers with a fluctuating income may want to have more saved up. If you are not sure how much money you need, look at your monthly bills and determine which ones you can’t ignore if you lost your job for an extended period.

Another way to gauge how much to save in an emergency fund is to factor in things like the deductibles for your car and health insurance in case there is an accident and you need to make repairs to the auto or you get injured.

Starting an emergency fund with the money from your stimulus check is one way to get started. From there, more money can be added to your savings account whenever you get the opportunity. There are many ways to stash more money into your rainy day fund. Clean out your closet and see if there are any items you can sell online such as electronics, clothing, a bike, or musical instrument.

Save the money earned from a part-time job, freelance work, or your annual tax refund. Or review your budget and see if there is anything you can cut such as a streaming service you rarely use.

Those in a comfortable financial position, could transfer some money automatically from your weekly or bi-weekly paycheck into a new savings account. The amount could be small, but even $25 a week adds up over a year.

Investing the Stimulus Check

The extra money from the stimulus check could also be an investment. Depending on individual financial circumstances, the stimulus check could be used to make a contribution to a retirement account like an IRA. Others may be focusing on other goals like a downpayment for a house, a vacation, a wedding, or a home remodel.

Once you open an account and start putting money towards it weekly or even monthly, you may see the balance grow, especially as the investments appreciate in value and interest compounds

The Takeaway

The stimulus checks are intended to provide temporary relief to those struggling due to the unprecedented challenges caused by the coronavirus pandemic. How you use the money will depend on your individual circumstances. Some options include paying down debt, establishing an emergency fund, or investing.

A SoFi checking and savings account could be one place to stash your stimulus check. Getting started is as easy as depositing the stimulus check. From there, SoFi Checking and Savings makes it easy to earn interest and receive cash back on purchases. A SoFi Checking and Savings account allows you to spend, save, and earn money from one place. There are no account fees and your cash balance earns interest. The interest rate and fee structure is subject to change at any time, but SoFi aims to offer competitive interest rates and not charge any account fees.

With SoFi, account holders can create financial vaults within a SoFi Checking and Savings account for different reasons such as an emergency fund or investing account.

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Although we do our best to recognize all Eligible Direct Deposits, a small number of employers, payroll providers, benefits providers, or government agencies do not designate payments as direct deposit. To ensure you're earning the APY for account holders with Eligible Direct Deposit, we encourage you to check your APY Details page the day after your Eligible Direct Deposit posts to your SoFi account. If your APY is not showing as the APY for account holders with Eligible Direct Deposit, contact us at 855-456-7634 with the details of your Eligible Direct Deposit. As long as SoFi Bank can validate those details, you will start earning the APY for account holders with Eligible Direct Deposit from the date you contact SoFi for the next 31 calendar days. You will also be eligible for the APY for account holders with Eligible Direct Deposit on future Eligible Direct Deposits, as long as SoFi Bank can validate them.

Deposits that are not from an employer, payroll, or benefits provider or government agency, including but not limited to check deposits, peer-to-peer transfers (e.g., transfers from PayPal, Venmo, Wise, etc.), merchant transactions (e.g., transactions from PayPal, Stripe, Square, etc.), and bank ACH funds transfers and wire transfers from external accounts, or are non-recurring in nature (e.g., IRS tax refunds), do not constitute Eligible Direct Deposit activity. There is no minimum Eligible Direct Deposit amount required to qualify for the stated interest rate. SoFi Bank shall, in its sole discretion, assess each account holder's Eligible Direct Deposit activity to determine the applicability of rates and may request additional documentation for verification of eligibility.

See additional details at https://www.sofi.com/legal/banking-rate-sheet.
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