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My Elderly Loved One is Refusing to Create a Will. What Should I Do?

 Posted on March 30, 2023 in Family Law Blog

lombard estate planning lawyerWe hear all the time how, regardless of your age, estate planning is essential for the future. At the foundation of many estate plans is a will. As a result, it can be highly distressing to learn that an elderly loved one does not have a will and is refusing even to make one. Today, we will discuss what you should do if your loved one refuses to make a will and some tips to approach this delicate situation. Remember, to start the estate planning process, contact an attorney to guide you through the process to ensure everything is done correctly.

Tips for Approaching the Situation

Consider these tips when approaching the situation, such as: 

  • Understand their perspective – Before you can convince your loved one to create a will, it is essential to understand their perspective. For example, they may have fears or concerns about making a will, such as not wanting to face their mortality or not wanting to cause family conflict. By better understanding their perspective, you can address their concerns and find a way to move forward. 

  • Explain the importance of a will – One way to convince your loved one to create a will is to explain the importance of having one. A will can help ensure that assets are distributed according to their wishes and help avoid family conflict and legal battles. 

  • Address their concerns – If your loved one hesitates to create a will due to fears or concerns, it is essential to address them directly. For example, if they are worried about causing family conflict, you can explain how a will can help avoid conflict and ensure their wishes are respected. 

  • Involve an attorney – If your loved one is still hesitant to create a will, it may be helpful to involve an attorney. An attorney can explain the legal implications of not having a will and help address any concerns or fears your loved one may have.

  • Consider a trust – If they still resist the idea of a will, maybe a trust is a better option. A trust can help ensure their assets are distributed according to their wishes and help avoid probate and reduce estate taxes. 

  • Be patient – It is essential to be patient when convincing your loved one to create a will. They may need time to think about it or additional information or support. By being patient and understanding, you can help them make the best decision for their future. 

Contact a DuPage County Estate Planning Lawyer

Contact the compassionate Lombard, IL estate planning attorneys with A. Traub & Associates for legal assistance in estate planning. Call 630-426-0196 for a private consultation.



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