There’s a belief that will planning is difficult. Yet, everyone agrees that it is necessary. It ensures that your loved ones will not suffer any legal disputes after your death. A will gives clear instructions to your relatives about how your property should be handled after your death. The legal field is vast and complex. But will planning can become a simple process if you hire a will planning lawyer. They can guide you through the process of will planning.
Why should you hire a will planning lawyer?
If you are comfortable telling the lawyer personal information and want to protect your loved ones from legal litigation, it is the right time to hire a Will planning lawyer.
A will is a legal document that may consist of different wishes of any particular individuals, like:
- How do you distribute your assets after your death?
- Have you appointed any guardians through a will to look after your relatives, who may need help due to some infirmity?
- Who shall become the executor of your last will?
- If you are a business owner, who should take over after your death? In other words, who will be in charge of it, and how will it run?
- Who should take care of your children after your death, etc.?
Creating your last testament can help your family members avoid disputes and save money. It will also lead to fast necessary decisions. If there is no will, your family will have to face lots of legal hindrances. You will have to appoint one executor who will ensure that all your instructions, as mentioned in the will, are followed properly after your death.
You can also hire a will planning lawyer when you are still living. A living will is an instrument through which you can explain some other major aspects of your requests, such as what kind of medical help you would like to avail of if you are unable to speak, etc. You can also appoint a living trust who can save your money and protect your family in a time of crisis.
How can a Will Planning Lawyer Help you?
A will can face contest if someone believes that it is drafted by some unfair means. Let’s say someone dies without making a will. It will likely lead to a dispute among family members about the distribution of the family assets. In these circumstances, legal intervention becomes necessary. Generally, a court can intervene and solve this dispute. Otherwise, it will take a time-consuming and expensive route, called probate litigation. It is a judicial process that proves that it is the last valid testament of the deceased person before the court. In the USA, the process for probate varies depending on which state the individual breathed his last.
Assets of a Married Couple
A will planning lawyer can help you in the time of contest of a will. In the United States, some states consider all the assets of a married couple as community property. These states consider that husband and wife jointly own all their assets. They consider the will testate if the decedent along with two witnesses signs it in front of a notary. If the will comes to contest, the executor will take care of the outstanding payments, via the value of the decedent’s assets.
Probate is also necessary proceedings where the intestate estate has to ensure that succession laws are followed, where a valid will was simply never written.
Types of Will
An experienced will planning lawyer will help you understand different types of will and its rules, regulations, and actions. The types of will generally include Nuncupative(non-copulatory) will, which is not written and often dictated by the testator orally. Sometimes, it is also called the deathbed will. This type of will was made by the civilians during a war, declared or undeclared. In New York, there should at least be two witnesses to support Nuncupative(non-copulatory) will.
Holographic wills are handwritten wills by the testator. In this type of will, the testator possesses a sound mind and sound health and is not afflicted with a mental disorder like delusions, hallucinations, etc. The testator must be eighteen years of age. This type of will is valid without a date in the California state law.
Notarial will should not be confused with the ministerial functions of a common-law notary public. Some other types of will consist of Self-proved will, Mystic will, Serviceman’s will, Reciprocal will, Mirror will, Husband and wife will, Unsolemn will, Will in Solemn Form, Joint will, etc.
Helps you Avoid Technical Problems
With the help of an experienced lawyer, you can avoid many technical problems while drafting a will. It is not just a legal process through which you only pass our bequeathing property to your family members, but also cover all kinds of assets in this important document. You can appoint an executor, name the guardian of your minor children, and if you desire, you also leave some assets to charity.
A layman cannot remain up-to-date with the changing rules of probate. It is because every state has strict statutes governing probate. If your circumstances change, your lawyer will help you and prescribe what is good for your current situation.
Do you own an Estate?
If you own an estate, your beneficiaries will have to bear the burden of the tax. The amount will depend on the size of your estate. In that case, your lawyer can explain various strategies to reduce this burden. You can seek legal advice to protect some of your interests.
A healthcare power of attorney allows someone else to take important decisions on your behalf at the time of your medical crisis. Similarly, financial power of attorney allows a third party to manage your money properly.
Some unavoidable issues can complicate matters further. It includes situations like having a second wife, owning more than one business, owning two real estates, you have problems with your children, you do not have any children, or perhaps, recently divorced. Your legal will advisor can help you in solving these issues.
Your insurance policies and retirement account are not subjects of a will. In that case, your lawyer can suggest the proper listing of your beneficiaries who receive those assets after your death.
Are You Looking For a Lawyer? Fill This Form to Contact a Lawyer Near You: