5 Reasons Every Parent Needs a Will

For parents with minor children, a last will and testament is the single most important legal document you can have. It is not merely a financial instrument — it is a declaration of your values, your intentions, and your love for the people who depend on you. Yet more than half of American parents with children under 18 have no will at all.

1. You Name a Guardian for Your Children

Without a will, an Oregon probate court will determine who raises your minor children if both parents are deceased or incapacitated. That decision may not align with your wishes. A will allows you to nominate a guardian — a person you trust to share your values and parenting philosophy. While courts are not legally bound to honor your nomination, they give it substantial weight. Without a nomination on record, the decision is entirely at the court's discretion.

2. You Control How Your Children Inherit

Oregon's intestacy laws — the rules that govern estates when there is no will — distribute assets in a legally prescribed order that may not reflect your intentions. A will lets you structure your children's inheritance precisely: the amounts they receive, the age at which they can access funds, and any conditions attached. Without a will, an 18-year-old may receive an unrestricted lump-sum inheritance that was meant to fund education or a home purchase over many years.

3. You Select a Trustworthy Executor

The executor (called a personal representative in Oregon) is responsible for administering your estate — gathering assets, paying debts, filing tax returns, and distributing property to beneficiaries. A will allows you to choose this person carefully. Without one, Oregon courts will appoint a personal representative, potentially someone you would never have chosen. The appointment process can also take weeks or months, delaying asset distribution during an already difficult time.

4. You Reduce the Risk of Family Conflict

Grief has a way of surfacing long-dormant family tensions. Without clear written instructions, disputes over who gets what — the family home, sentimental property, financial accounts — can divide families irreparably. A clearly drafted will removes ambiguity. Your intentions are on record, legally enforceable, and considerably harder to dispute than verbal promises or informal arrangements.

5. You Protect Children From a Prior Relationship

If you have children from a previous marriage or relationship, Oregon's intestacy laws may not distribute your estate the way you intend. In many scenarios, a surviving spouse may inherit the bulk of your estate by default, leaving children from a prior relationship with little or nothing. A will — coordinated with the right trust structure — ensures that all of your children are protected according to your wishes, not a statutory default.

Drafting a will does not require a large or complex estate. It requires clarity of intention and the guidance of an experienced estate planning attorney who understands Oregon law. Contact our office to schedule a consultation and put a plan in place that protects your family.