Regarding “Wills can prevent family fractures after death,” Nov. 2, Page L:

The content of this article can be very helpful to the lay person. However, I want to address a misperception or two that could be implied from the information therein.

It is of course very important that parents have wills that set forth their wishes regarding who would take their children if the parents are deceased (and powers of attorney as to the same issue if the parents are disabled but not dead); however that does not mean there wouldn’t be a fight and in the end the court will have the final say, no matter what the parents want.

The court has to consider the best interests of the child regardless of the wishes of the parents. The court could find that the parents made a poor choice. Admittedly, that rarely happens.

Likewise, I hope nobody reading the article believes that a will always controls the disposition of the assets of the deceased. The court could find the will invalid for any number of reasons including incompetence or undue influence. Similarly, many people think that a will means no probate. Nothing could be further from the truth. A trust could avoid probate but a will won’t. It has to be probated 99 out of 100 times.

Allen Reel