ABOUT WILLS 

 

            A will is a document, which outlines who you want to receive your property after you die. There are many important reasons to have a will. One of the most important is the naming of a guardian for your minor children. Another is simply to insure that your property be received by the person or persons you wish. If you do not have a will the laws of the state will determine the amount or amounts of property that will be received by various people and if there are no immediate kin the State can be the recipient of all of the assets you have spent a lifetime accumulating. A will is a simple and cost effective way to prevent this. 

 A will is not complicated or expensive. However, you can make expensive and costly mistakes by not consulting an attorney about the correct way to prepare and draft your will. Each State has different laws about the type of will acceptable and about the formalities required to make a will recognizable in probate court. Wills must be probated in court and you will most likely need an attorney to help you through this process. 

You may also make costly mistakes by not utilizing other estate planning tools when necessary. There are documents such as health care surrogate designation forms, durable powers of attorney, living wills and trusts, which can save you and your family great stress and difficulty. A great deal of your estate can be lost to taxes if you’re not careful. 

Various types of trusts are available to help you avoid payment of estate taxes. A trust is a written document, which provides what happens to your property during your lifetime. A will only applies after you die. Trusts are a desirable estate-planning instrument for many reasons including confidentiality.  There is no requirement that the trust be recorded or probated. With a trust you save time, money and taxes. 

Before you attempt any of these documents yourself please consult me or any of the other trained estate professionals. I will be happy to answer your initial questions without charge.