A Danish television program being brought to the US has sparked a worldwide discussion on inheritance and the need for wills. “The Legacy,” originally airing in Denmark and is now spreading to many countries including the U.S., tells the story of a family with a disputed inheritance that favors a daughter who had been given up for adoptions. “The Legacy” also demonstrates how the creation and execution of a will sometimes is complicated, especially due to the more complicated families of today.

If the American version of The Legacy comes to the U.S. it will, no doubt, bring the subject of wills and inheritance up in more American homes.   As in other countries, where The Legacy has aired, this will likely result in a rush to attorneys that handle wills.

As we’ve discussed on our website, wills are an important avenue to officially declare how you would like your assets distributed upon your death. Without a will, each state has its own laws and rules deciding how your assets will be distributed.  Click here to see what happens in New York if you die without a will.

In order to “save money”, some people choose to do their own wills.  This may be a serious error.   Requirements for a will vary from state to state.  Will that are commonly bought on the internet are not for a specific state.  Since, by definition, you won’t be around when your will is being probated in court, if there are errors, or your wishes aren’t clear, you won’t be able to correct those problems when the will is before a judge..  This may result in your will being found invalid, resulting in your property going to others, as if you died without a will.

When writing a will for same-sex couples, it is important to have an experienced attorney pay careful attention to the language of the will itself. Many states have still yet to recognize same-sex marriage. If a will is made in a state where same-sex marriage is allowed (such as New York) and the couple later decides to become residents of a state that does not allow same-sex marriage (such as Florida) executing the will may prove to be a challenge if the term “spouse” was used. An experienced attorney can help draft a will that avoids this issue.  UPDATE: Thanks to the Supreme Court same sex marriage is now legal through out the U.S.

Step, foster, and adopted children are also another example of contemporary family structure affecting inheritance. In New York, your spouse, your biological, and your legally adopted children automatically receive a share of your estate. However, biological children that were legally adopted by another family do not receive a share. Step-children who had not been legally adopted are also unable to receive a share without a written will.

The discussion sparked by the “The Legacy” illustrates the importance of having a will to ensure fair inheritance, regardless of family structure. Enlisting an experienced attorney to assist in the process allows you to avoid any legal challenges that may rise.