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What to Do if Your Loved One Will Not Make a Will

 Posted on May 04, 2023 in Estate Planning

los-angeles-california-estate-planning-attorney.jpgAs our loved ones age, the topic of estate planning and creating a will become more pressing. Unfortunately, some elderly individuals may refuse to make a will, despite the benefits and necessity of doing so. This can leave family members feeling frustrated and unsure of how to proceed. Today, we are going to discuss what you should do if your elderly loved one is refusing to create a will. Remember, an estate planning attorney can be greatly beneficial during this time, as they can assist in creating a will and provide professional guidance on how to broach the subject of creating a will with your loved one. 

Considerations if Your Loved One Is Apprehensive Toward the Idea of Making a Will

First, it is essential to understand why some elderly individuals may be resistant to creating a will. Some may believe they do not have enough assets to warrant a will, while others may be uncomfortable discussing their mortality. Additionally, some may be concerned about the cost of creating a will or may not be aware of not having one. One approach to encouraging an elderly loved one to create a will is to have an open and honest conversation about the benefits of doing so. This can include discussing how a will can provide peace of mind for both the individual and their family members and how it can ensure that their wishes are carried out after their passing. It may also be helpful to address any concerns or misconceptions that the individual may have about creating a will.

If a direct conversation does not yield results, enlist the help of a trusted professional, such as an attorney or financial advisor. These individuals can provide knowledgeable guidance on the importance of creating a will and can help address any concerns or questions the elderly loved one may have. In some cases, involving other family members or loved ones in the conversation may be necessary. This can help to underscore the importance of creating a will and can provide additional support for the elderly individual. However, it is important to approach this situation with sensitivity and respect for the elderly loved one’s wishes.

If all efforts to encourage the creation of the will are unsuccessful, it may be necessary to consider legal options. This can include seeking a court order to compel the elderly individual to create a will or seeking guardianship if they cannot make decisions for themselves. However, these options should be considered a last resort and should only be pursued after careful consideration and consultation with legal professionals. 

Contact a Los Angeles Estate Planning Attorney

Consider contacting the L.A. County estate planning lawyer with Law Office of David Schechet for more information. Call 800-282-4731 for a free consultation. 



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