Wills are one of the most important documents that ensure you distribute your property and other assets among your heirs. Searching for lawyers that do wills near me can assist you to write your will legally.
Have you prepared your will yet? By hearing the term will, you might think it is something for the elite class. However, start searching for lawyers that do wills near me, as you are wrong. Writing a will is essential for anyone with children and a spouse. If you have any property in your name, or if you wish a certain person to be a guardian of your children after you, you must write a will. By constructing an important document like a will, you will have a peaceful life. Thus, if you write a will, you will not be worried about your family or property matters.
Writing a will is an easy yet complicated matter. In most cases, it is a simple document that is prepared in front of witnesses. However, in some cases, a few legal shortcomings need to be addressed. Thus, you might need to find attorneys who specialize in wills near me. Let’s understand why finding lawyers that do wills near me is important.
What Is Will?
Will is a legal document that specifies who will care for any minor children or your desires for property distribution. It is a part of estate planning documents, and you must write it yourself during your lifetime. Your wishes may not carry out the way you would like if your death occurred without a will. Furthermore, your heirs may expend more time, money, and emotional energy after you pass away to settle your affairs. In some cases, lack of the will can make your property become a state property as well.
After your death, a person executes your will. Though it depends on your state laws, in some cases, you must notarize your will. You can choose the executor of the will as the testator. The executor must be mentally fit to execute a will. Thus, you, as a testator, can trust anyone to execute the will. For more information about your state laws, you should search for wills and estate lawyers near me.
What should you include in a Will?
A will can cover the distribution of your most important assets. But also, it can include the sharing of things with sentiment values, like a picture or a monument. Thus, it includes sharing of your property according to your desire. You have to define some beneficiaries, the people who are going to benefit from your will. But you can also state if you want to donate some chunk of your assets to an organization or charity. Thus, it can cover anything you want to add about the distribution of your assets. However, some important things that you must include in your will are:
- Your basic information and a sentence related to how you want the execution of your will. Also, how the will is your last desire and precede any wishes you have made before.
- The information about executor, someone who is going to execute your will
- Defining the rights and duties of your executor. Also, including the right of management of your property.
- Distributions of your assets and the name of any beneficiaries. If you want someone excluded from your will, you must name that too. Also, it must include your digital assets and other significant pieces, such as jewelry as well.
- If you have minors under your supervision, you must select a guardian too. A guardian can be any trustworthy person for you. You must have this clause in the case you and your spouse both leave the world at the same time.
- You must also discuss if you have any insurance policies or what do you want to do.
Why Do You Need a Will?
Some people believe that wills are only necessary for the very rich or those with complicated properties. There are, however, several explanations why everyone should have a will.
- Keep your valuables out of the hands of people you do not want to come into touch with.
- Your heirs will have faster and easier access to your estate.
- You control who gets your money.
- You will choose who will look after your children. The courts will decide the guardian for your children if there is no will.
- You will save on your property taxes.
- You can also make gifts and charitable contributions to reduce the estate tax liability.
The Best Will Is One That Is Written and Witnessed
Create a testamentary will, also known as a final testament, to ensure that your wishes are followed. The most popular type of will is when you prepare a piece of paper and sign it in front of witnesses. It’s probably the best way to guard against successful threats to your wishes from family members or business associates after you die. You can write one yourself, but getting one signed by a trusts and estates solicitor can give you more peace of mind. For that, you might seek a will attorney near me.
Dying Without a Will
If you die without a will, the state is in charge of distributing your estate, which it normally does according to a formula that gives half of your estate to your spouse and the other half to your children. But that situation depends on your state rules as well. Thus, finding lawyers that do will near me can save your time and effort.
In certain situations, such a situation leads to the selling of the family home or other properties, which can be devastating to a surviving spouse who depended on the majority of your assets to sustain their standard of living.
If the children are adults, there could be further problems because the court will nominate a delegate to represent their interests.
Intestacy can have tax implications as well because a properly planned will minimize estate tax liability. Individual properties valued at $11,700,000 or more must file a U.S. estate tax return by 2021. If the estate amounts to less than that, there is no estate tax.
How Can Lawyers That Do Wills Near Me Help You?
In most cases, you will be able to write your will without any assistance. Thus, all you will need is a DIY kit for writing your will. However, we recommend that you must find a will attorney near me. By searching for attorneys who specialize in wills near me, you can find useful information about will attorneys. If you are thinking about how the wills and estate lawyers me are helpful, here are some reasons to hire a will attorney near me:
Reviewing the Will
A will attorney near me can help in reviewing my will document. Thus, they will ensure that the will has all the legal aspects you must address. They can guide you throughout the process, and if you are missing a clause, they can help you add that. Hence, lawyers that do wills near me can help finalize the will according to the state laws.
Ensuring Your Will is Carried Out
A will attorney near me can know all the state laws. Thus, they understand other laws like real estate law, Estate Tax, Probate, and life insurance. They can guide you about these laws, and any taxes involved. Also, they can guide you if you can transfer your insurance. Lawyers that do wills near me make sure that the will executes as per your wishes after your death.
Most importantly, wills and estate lawyers near me ensures that there are no disputes. Thus, they ensure that all the requirements are met before finalizing a will. Some of the general rules of will are:
- The testator must be of legal age and mentally fit to right the will.
- The testator must add their basic information and sign the will with the date.
- The document must start with the right title or label.
- The document must have information about the executor.
- Information about beneficiaries and their shares in the property.
- If the state requires it, the will must be signed in front of the witnesses.
Lawyers That Do Wills Near Me – What Does A Will Lawyer Cost?
In most cases, the cost of the will lawyer depends on the state and location. Thus, you must search wills and estate lawyers near me to find an expert will lawyer for you. Some of the ways a will lawyer cost is billed are hourly Billing and Flat fees. Also, will lawyer cost depends on their experience level as well.
Factors That Can Make a Will Invalid
One of the most frustrating things that can happen to your loved ones and family members is finding out that the will you left behind isn’t valid. There is also the possibility of them not accepting the content of such will. For your will to be secured, safe and valid, there are certain things you must know. This section will be explaining some factors that can make such will invalid.
When The Will Has Been Created Without Any Witness
A will that has been created without any witness present will not hold water. It is usually referred to as “holographic will” and cannot be valid when it hasn’t been signed by a witness. Even if it will be accepted, there are still some conditions that need to be met. The only recommended way to play safe while preparing your will is hiring the services of a lawyer.
Lack of Proper Witnesses
It is one thing to have a witness present while preparing your will. However, it is something different to have a witness that is acceptable before the law. For instance, your will can be considered invalid when your chosen witness is below 18years of age. Even if he meets the age require, he has to be of sound mind. Never make the mistake of using someone who is mentally challenged.
Not Being Specific
A written will is expected to have all the necessary instructions. This will help in giving its executor a clue on how your assets will be shared and managed over the years. For instance, you need to state clearly how your assets should be shared amongst your loved ones. Although lack of specific and clear instructions will not render a will invalid all the time, you will only cause confusion among potential beneficiaries.
When There Are Alterations
This is another major reason why wills become invalid. Many people make the mistake of not updating their wills as the years are going by. There are situations or variables that can cause the content of a will to change thus, considered invalid. These could be:
- Death of your spouse or a beneficiary
- Increase in the number of family members
- Financial problems such as bankruptcy
- And more
Due to factors like these, it is strongly recommended that you update your will on a regular basis. This will ensure that it remains valid after your demise.
Testator Being Pressurized
If a testator can prove that he or she has been pressurized in writing a will, such is going to be considered invalid. It is expected that the will is prepared with an open mind. This means there will not be any form of bias, sentiment or pressure.
Will Attorney Near Me
Hiring a will attorney can save your heirs from potential will disputes. Thus, by hiring a will attorney near me, you can ensure your will execution takes place as per your desire. If you are looking for attorneys who specialize in wills near me, you can search Attorneys Real Estate Group.
Our team has extensive experience in all estate planning areas and has consulted with clients in this field. We work hard to achieve the best possible result for our clients by considering their will disputes and ensuring their goals are met. Also, you can get a free consultation from us by visiting us on our website Attorneysre.com or calling us on 916-671-3138. Contact us today, we will be glad to assist you in finalizing your will.