Dean Porter has 40+ years of experience in the practice of law with an emphasis on estate planning. Only approximately 34% of Americans have a Will. For those that do many times it is out of date. A Will is the most common document that addresses people taking care of children, spouses, and partners, as well as aging parents. A Will executed properly in the laws of the state where you made it is generally valid if you move to a different state; however there may be state-specific laws affecting your Will’s validity and provision. The most compelling reason to have a Will is to nominate a Guardian for your children in the event of your death. Courts usually award custody to the surviving parent but parents-especially single ones- must consider what will happen if their children are orphaned. You should be able to avoid conservatorship by having a revocable living trust in place. A living trust preserves confidentiality as well as avoiding probate.