A Will outlines how your assets should be distributed after your death. It can also name guardians for minor children and appoint an executor to manage your estate.
A Will takes effect after death and goes through probate, while a Trust can be active during your lifetime and helps avoid probate by directly transferring assets.
If you die without a Will, state intestacy laws decide how your assets are distributed, which may not align with your wishes. This often complicates matters for surviving family members.
While you can draft a Will on your own, working with an attorney ensures that it complies with state laws, minimizes errors, and stands up in probate court.
Yes, a Will can be contested, typically on grounds of undue influence, lack of mental capacity, or improper execution. Having a properly drafted Will helps minimize the risk of contestation.
An executor is the person you appoint in your Will to manage your estate, ensure your debts are paid, and distribute your assets according to your wishes.
You should review and update your Will after major life events such as marriage, divorce, the birth of children, or significant changes in financial status.
No, a Will does not avoid probate. Probate is the legal process through which a Will is validated, and assets are distributed. Trusts are recommended to help avoid probate.
Yes, you can update or change your Will at any time, as long as you are mentally competent. This is usually done through a codicil or by drafting a new Will.
In some states, a handwritten Will, known as a holographic Will, is valid, but it may be more difficult to enforce. It’s generally best to have a formally written and witnessed Will.
A living Will is a legal document that outlines your preferences for medical care and end-of-life decisions in case you become incapacitated and can’t communicate your wishes.
Not all assets are controlled by a Will. Assets like life insurance policies or retirement accounts often have designated beneficiaries, which take precedence over a Will.
Intestacy law governs the distribution of assets when someone dies without a Will. The laws vary by state but typically prioritize close family members, such as spouses and children.
We will notarize the Wills we draft. Notarization can help make the probate process smoother by creating a self-proving Will.
Yes, they are synonymous.
A Will can become invalid if it fails to comply with state laws or after significant life events, like marriage or divorce. Regular reviews with one of our attorneys can prevent this.
Simple Will: Direct asset allocation.
Complex Will: For specialized needs, like trusts for minors or adults with special needs.
Holographic Will: Handwritten, but not recognized everywhere.
Living Will: Focuses on medical decisions.
Costs can vary. DIY Wills may be cheaper initially, but mistakes can lead to expensive court fees, and some errors may be unfixable. Professional legal guidance ensures the Will is valid.