Estate planning is a complicated process and serious business. Read more about it here. One misspelled word or lack of signature can make a big difference on a will. If you are one of the people who want to make sure that your assets are in good hands after you have passed away, then you can start to plan where you would want them to be as early as today.
To make your life easier, you might want to get an attorney to do the draft for you. You might think that it is expensive, and you may prefer the DIY route. However, there are things that an attorney can help you, such as knowing the laws in your area and writing the right words in your will. The following are other reasons why you should consider an attorney in the first place.
Why Get an Attorney?
1. Laws are Specific About Everything
In a state, the statutes specify a lot of things of what can or can’t be included in a will. You should know the people who can be your executor or trustee. You should know the people who have the right to be a witness during the drafting of the will. You are required to understand the formalities that you should observe when you sign a will or a trust.
In many states in the US, the people who can represent you to execute the will should be related to you by blood or by marriage. If you can’t trust such people to be your executor, then you should choose someone who is living in the same state as you. Most of the time, people want lawyers who are living outside of the state. Therefore, the will is void, and families can contest the contents of the document.
2. DIY Route Is Not Effective
The old saying of caveat emptor and you get what you pay for can be applied to people who plan to leave a large estate. You might want to save some bucks by downloading generic forms from the internet. You may want to prepare your accounting books and plan the entire estate distribution yourself.
However, after your death, your family may be left with plenty of disputes and problems. After you left a hundred acres to your daughter, she discovers that the document is not considered legal. The state might have required different wordings, formats, or formalities that were not correctly done. After the disputes show up from other relatives, your loved ones may be forced to pay for a trial, and they might need to get a qualified attorney to fix the mistakes afterward.
3. Attorneys Can Navigate Complicated Relationships
You might want to get the second opinion if you fall to the following categories:
You were a second spouse
You have lots of businesses
You own land and properties on another state
One of the family members is ill or disabled
You have stepchildren
You don’t want your children to inherit your estate
You don’t have any children
Some of your assets should go to a charity
You divorced your spouse
You lost a loved one that should inherit the estate
If you find yourself to be one of these situations, then a lawyer can navigate through the complicated relationships or circumstances to make sure that the will is valid. Your estate planning lawyer will prepare and create the documents so that a large chunk of your estate will go to the people that you have intended to inherit. Otherwise, your entire estate will be handled by a probate lawyer where everything goes to paying taxes and other liabilities.
Qualities to Look for in an Attorney
You should hire a lawyer with enough years of experience, mentoring, and legal practice to defending your will in court. They should also understand the laws in your state, and they should adequately advise you on how to settle your affairs after your death.
The right attorney who specializes in this field can develop trust funds while you are still alive. They can draft plans that will avoid large estate taxes after your death. They work to make sure that you are adequately protected, and your family will get a large chunk of your assets. Here are the other qualities to look for when looking for the right attorney.
Look for someone devoted to practicing estate laws. They can provide unique insights through years of experience and knowledge like the ones found in David Silverstone PA firm. With a general law practitioner, you may not get the help that you are looking for. You need someone who has specialized knowledge in assisting you with the things that will make the distribution of assets more accessible.
Look for someone whom you feel comfortable with. You should be able to share them with some of the intimate details of your life. You can tell them why you would not want your ex-wife to inherit anything, or you can say to them that you have illegitimate children. Of course, not all people have these kinds of sentiments. However, you should have a lawyer whom you are comfortable telling your expectations and what you want to happen after you die.
Look for someone well-versed with the law in your area. The rule changes every year or so. If you have made a draft to your will ten years before, you might want a qualified lawyer to check this to make sure that everything that you have written is valid. Being up to date with the laws can prevent a lot of unnecessary problems later on.
A Final Word
Making a will and making sure that it is valid can be complicated. You may need to have a qualified and experienced attorney on your side to make sure that every word is correct and accurate. You need to do this because, after your death, there are a lot of relatives that will contest your testament. Some of them may want a huge piece of your estate, and the ones whom you intended to leave your assets might not be able to fight the other predators. Getting an attorney is easy and is the best action that you can take. Be sure to start looking for one today.