Last Will Attorney

Wills and Testaments

The Last Will and Testament, or “Will,” is what most people traditionally understand as the document that passes assets and property to designated beneficiaries. However, a common misconception is that a Will keeps your estate out of probate.

Probate is the process by which a Will is “proved” to the Court. The Probate Court establishes the validity of the Will through a court-supervised proceeding in which the Will and its assets are held for verification and then distributed. The probate process for an average-sized estate can take up to six months to complete, including a four-month required period of time in which notice to creditors must occur.

The Last Will is a legal document that should be reviewed at each stage of your adult life so there is no question as to your intent. In the event of marriage, childbirth, divorce, and death, your estate plan should be revisited to make sure there are no unresolved issues. This is where you designate a guardian who will care for your children. This personal representative (normally known as an executor) will distribute your personal property and any assets that are not held in a trust

Living Without a Will

A person who passes without a Will is said to pass “intestate,” which means that the state will determine who inherits your assets, who will become your personal representative (executor), and who will be assigned guardianship of your children. Married couples are not immune to issues that commonly arise when there is no Will. It is not uncommon for challenges to an estate to come from parents, siblings, or children who may try to make a claim to assets you meant to go to someone else.

Top Reasons People Should Have a Will

• You can decide how your Will is to be distributed.
• You can decide who will take care of your minor children.
• You can avoid a lengthy probate process.
• You can make donations and gifts.

How Can We Help?

When faced with a complex legal matter, it is extremely important to retain the immediate representation of an experienced attorney. Due to the serious nature of your case, we advise you against navigating through the legal system alone. We know how to achieve your goals and would be proud to offer you the exceptional legal representation that you deserve.

Contact our office today for your Free Consultation!