Do you need an attorney to write your will? Most people can benefit from a will. It outlines your wishes on what should happen to your assets after you pass and leaves less room for interpretation by family members to guess what you would have wanted.
Anyone can get a will, whether you are young or have seen a few birthdays. Wills are fundamental to estate plans, giving you peace of mind about your future plans in case you are ever not around.
Fortunately, you have several options when it comes to preparing your last will and testament. It is often a best practice to have a will lawyer write your will, but you might be wondering if that is the only way to go. Below, we will go over a few reasons why a will lawyer should write your will to help you in the decision-making process.
Why You Need an Attorney to Write Your Will
Estate plans are essential. An estate law attorney is a great resource in creating your will. Attorneys can write the will or evaluate an existing will, depending on your needs.
Some of the best reasons to use an attorney are to ensure the language is clear and that your assets will be distributed as you wish. If your wishes seem straightforward, you might not think an attorney is necessary, but an estate planning lawyer can make sure there is no confusing, open-to-interpretation language.
Confusing language can quickly lead to uncertainty on how your assets should get distributed, and it can leave room for loopholes and misinterpretations. Nothing hurts a will like a loophole. Work with an attorney, and you can make sure there are none.
Are you required to use an attorney to write a will?
No, you are not required to work with an attorney. There are many online programs and affordable tools to generate a will, but there is no guarantee that your last will and testament will be properly executed.
That uncertainty might not bother you now, but it could affect your family greatly if the terms of your will do not hold up in court due to having inconsistencies, vague language, or other issues. Having a lawyer draft your will could be a better option for you in the long run.
A will specifies what will happen to all your assets after you pass. If you miss one of your assets when putting a will together on your own, you risk that asset winding up with someone you didn’t intend.
Creating a will with an attorney’s help can give you peace of mind. All assets will be accounted for, and everything will be clear in the court’s eyes. When it comes to divvying up the property, there will be no question about who gets what. (Have questions? Get in touch with a will lawyer near you.)
Complex Financial Situations
Wills can get tricky if you have a high net worth or multiple assets. An online program may help you create a quick will, but you need more when you have large amounts of money, properties, or vacation homes at stake. These assets must be distributed to the correct beneficiary. Without a will, this could be up to the state’s discretion, or you risk family feuds about what each person feels entitled to.
A will lawyer can give you insight on how to approach complex financial situations, such as having various assets or beneficiaries. Instead of staying up late, wondering if you made the right call and did everything correctly in your last will and testament, work with an attorney. It will keep you from second-guessing yourself and give you confidence in how your estate will be handled.
Disinheriting a Spouse or Child
In some situations, people choose not to leave assets to a spouse or child. There are many reasons for this. It does not necessarily mean the family member is not loved, but it could mean that the person who put the will together feels that the spouse or children have already received fair earnings during their lifetime. It is possible that the will writer wishes to allocate the remaining assets to other family members.
Disinheriting also occurs in less-pleasant situations, such as divorce or estrangement from a child. If a parent does not agree with his child’s life choices, or fears how a child will use the money, a parent might choose a different beneficiary. Working with a lawyer is essential in disinheritance to ensure everything is clear and done right.
Expertise in Estate Law
Wills and estate law are complicated. There are often many beneficiaries involved (usually family), and you want to make sure your will is done right so that your beneficiaries receive the assets they are entitled to from your estate.
A will details your wishes after your passing, including what may happen to your minor children as well as any assets. Things can get complicated fast, which is why you need an experienced estate law attorney in your corner.
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