Do I Need a Will Lawyer? Find Out Now

In this article, we take a deep dive into the concept of wills and understand why it is best drawn with the assistance of a good will lawyer.

Will is nothing but a legal document that you can use to dictate wishes to be fulfilled upon your death. The document contains instructions that entail how your affairs are to be handled, who your beneficiaries are, who will serve as the guardian of your minor children, and how your assets are to be distributed after death.

People often underestimate the Importance of Estate Planning. Without one, it would be up to the local court to decide who’ll be inheriting your assets. The court’s decision may not reflect your wishes.

Now you are completely within your right to create a will by yourself. You’ll, however, need to have a good grasp of the laws in your state and compliance regulations surrounding the creation of a will. This is where the challenge lies. Most folks aren’t privy to the local laws and can find it overwhelming to understand.

Simply having a will isn’t enough. You need to make sure your will is legally valid and enforceable. This is why it is best if you seek the help of a will attorney to get the job done on your behalf.

The Role of an Attorney Specializing in Wills

Attorneys specializing in the practice of creating wills can assist in the following areas

• Drawing the Will
• Providing Legal aid if necessary
• Helping you understand laws critical to estate planning
• Assisting in helping you carry out your wishes.

Also known as a probate attorney, such lawyers can sometimes handle all key elements associated with both will and probate.

When to Use a Lawyer to Create a Will?

You may need the assistance of a lawyer if

• You wish to make provisions for your minor children or family member with special needs.
• You are financially supporting members of your family
• You possess multiple bank accounts and own a lot of money.
• You wish to create a revocable or living trust
• You wish to save on estate taxes.
• You believe someone will contest your estate in probate court.

If you have significant assets to your name or have children you wish to take care of after death, then it is highly recommended you seek the help of an estate planning lawyer.

Let’s take a deep dive to understand why it is probably in your best interest to make acquaintance with a will lawyer.

Reasons to Hire a Lawyer to Compose Your Will

1. They can help you create a technically sound will

When you hire an experienced attorney, you get access to the years of knowledge and expertise they’ve garnered over the years. Such lawyers know what mistakes to avoid and what laws to comply with to ensure your will is valid and legally enforceable.

They’ll make sure your last will and testament clearly convey your last wishes. They’ll make sure all the right documents are prepared. A well-documented will come in handy if someone does end up contesting the validity of your will.

2. Serve as Executors

An executor is a person hired by the testator to carry out the instructions of the will. A lawyer is probably the best person you can have to serve as the executor of a will. They’ll make sure your wishes are honored, pay off any debts applicable to your estate, gather assets for evaluation, decide on what assets to depose or sell, etc. If the need arises, they’ll submit the will in court for probate.

3. Distribution of Assets

The role of most wills is to ensure fair distribution of assets among the beneficiaries. A will lawyer has to ensure this comes to transpire while keeping the risk of a contest at bay. Unfortunately, the risk of a will contest can never be completely avoided. However, the lawyer can reduce this risk.

One of the ways they can do this is by creating a trust instead of simply naming beneficiaries. Also known as a trust attorney, they can help you establish a trust that provides you the flexibility to leave your estate to one individual. After death, the assets in the trust can be distributed to the children.

4. Updating the Will

Simply creating a will isn’t enough. Significant events can happen over time that may force you to review the terms of your will. These events could entail the death of one of your beneficiaries or the birth of a new member in the family that you wish to take care of. An attorney will make sure your will is updated periodically to take into account changes in your family dynamic.

Also known as inheritance lawyers, such individuals will make changes to the will if they wish to add a new beneficiary, remove someone as a beneficiary, or wish to change the terms of asset distribution.

5. Help you Avoid Common Mistakes

People composing their own will are bound to make mistakes. Some can render your will completely invalid. Following are just some of the mistakes people make when creating a will

• Failing to name a guardian to their children
• Naming the wrong executor
• Leaving out key assets
• Overlook state statutes.

An experienced lawyer is aware of the intricacies associated with drafting a will. They’ll avoid these mistakes and ensure your will is legally enforceable.

Characteristics of a Legal Will

• The Will must be in writing
• The will must be signed and dated
• The creator of the will must be of sound mind
• The creator of the will must be an adult
• The testator will need witnesses during the will’s signing. The witnesses should not have anything to gain from the will.

The Bottom Line

Will are powerful documents that you can use to make sure your wishes are honored upon your death. This is a document you can use to secure your family’s future and protect your assets. Unfortunately, most people underestimate the power this document holds. Just to save a few bucks, they decide to create a will by themselves or refrain from creating one altogether.

You want to create a will that is technically sound and legally valid. This is only possible with the help of a great lawyer as your ally. There is a good reason why such lawyers are also called asset protection attorneys. They’ll draft a well-documented and comprehensive will that ensures all your assets are distributed fairly to your rightful heirs.

They’ll also employ estate planning strategies to minimize tax liability and avoid the risk of will-contest.

If you are a resident of Michigan who wishes to create a substantial will, we suggest you look no further than the offices of Sean Patrick Cox.

With decades worth of experience under our belt, we’ve helped many clients with excellent will-writing services. We can do the same for you.
First consultation with our attorney is absolutely free!
Call now to book an appointment.