Why Writing a Will Is the Most Human Thing You Can Do (And Why It Still Requires a Human to Help)
By Mark Russakow, LegalZoom Network Attorney and Managing Partner at Arroyo Law Group, LLP
After three decades of law, I’ve found that the most meaningful work I do doesn’t happen in a courtroom, it happens in living rooms and kitchen tables, helping families prepare for the future. And often, it starts with one deceptively simple question: do you have a will?
August is Make-A-Will Month, which makes it a good time to talk about one of the most overlooked and important legal documents you’ll ever create. In my experience, people don’t put off wills because they’re lazy. They put them off because they’re overwhelmed, confused, or think they don’t need one. But I’ve seen firsthand what happens when there’s no plan in place. That’s why I approach every estate planning conversation with one goal: help people cut through the noise, make smart decisions, and protect the people they love.
Hollywood vs. reality
Let’s get one thing out of the way: there are no dramatic “reading of the will” scenes with the whole family gathered in a mahogany-paneled office. Another is the idea that making a will is only for the wealthy or elderly. In reality, every adult should have a will, because what you’re doing isn’t just divvying up assets. You’re giving your family clarity, direction, and peace of mind when they need it most.
The true work of lawyering and will-making
Lawyers are often accused of making simple things complicated. But in my line of work, the goal is exactly the opposite. When I help someone create or update their will, I’m not trying to impress them with legalese. I’m there to translate their wishes into a document that works, one that will hold up in court, avoid family disputes, and spare their loved ones unnecessary stress.
Drafting a will is part legal expertise and part emotional labor. It requires listening, asking the right questions, and understanding the full picture of someone’s life. No AI can fully capture that human context.
A steady hand in times of crisis
Nobody hires me because they just won the Power Ball and want to celebrate. The phone rings when someone is in crisis. Maybe it’s a dying client who hasn’t prepared a will. Maybe it’s a family member confused about who should inherit the house. These are the moments that remind me why wills matter so much. Without one, decisions are left to the courts, and that often means drawn-out battles, high costs, and fractured families.
Clients in distress often don’t know which details matter legally. That’s why listening matters. People tend to think they know what we want to hear. But often, the most crucial information is what they’re reluctant to share. A good estate plan comes from asking the hard questions and building trust quickly.
Your will is your final message
Here’s a truth I’ve learned after decades of probate battles: your will isn’t just a legal document. It’s the last message you’ll ever send to the people you love. And like any message, the clearer and more intentional it is, the better.
Take the case of my client in her 70s who inherited a multimillion-dollar apartment building from a lifelong friend. The bequest triggered a legal battle with the children of the deceased. We prevailed in the end but not without significant cost to both sides, all of which could’ve been avoided with one honest family conversation years earlier.
That’s why, when it comes to estate planning, I try to hammer home these three principles:
- Plan ahead of time. The best estate plans are crafted when you’re healthy and clearheaded, not in a hospital room while nurses take your vitals.
- Treat your will like a living document. A will written in your 30s won’t account for events like your second marriage, your startup’s success or the sudden appearance of your estranged child. So update your will every three years or after major life events.
- Be transparent. For some reason, people want to keep their will a secret from their loved ones. But that’s how families get destroyed. A 5-minute conversation today can prevent years of pain and litigation tomorrow.
Technology helps, but humans matter
AI tools can be great assistants. They help us draft, organize, and analyze faster than ever. I use them in my practice and I welcome the way they’ve made legal services more accessible. But when it comes to wills, there’s no substitute for a real conversation with someone who understands the stakes.
This Make-A-Will Month, don’t wait until it’s too late. Take time to put your wishes on paper. It’s not just a legal task, it’s a human one. And it’s one of the most important gifts you can leave behind.