Wills Attorney Overview

Lawyer Assistance With Creating a Last Will and Testament

Few people like to think about what will happen when they die, but it is important to make plans to protect your family and ensure that your wishes are carried out correctly. A last will and testament allows you to set down these wishes in a legal document, providing you and your family with peace of mind about how matters will be handled after your death.

When creating a will, it is important to work with an experienced estate planning attorney who can ensure that the terms of the will are valid and enforceable. A lawyer can help you understand what should be included and advise you about how to make sure all legal requirements are followed correctly.

Information Included in a Will

While each state has its own laws regarding wills, a person must typically be at least 18 years old to create a will, and they must be of sound mind. A will must usually be signed in the presence of two or more witnesses, and it goes into effect after a person's death. A will typically includes the following information:

• How a person's property will be distributed to their heirs. In some cases, a will may state that a person's assets will be placed in a trust and held for the benefit of their children or other family members.
• Who will serve as the guardian of a person's minor children. Before naming a guardian, parents should speak to the people they plan to choose, ensuring that their children will be cared for after their death.
• The executor of the estate. A person will typically name a friend or family member to oversee the probate process, ensuring that all property is distributed to heirs correctly and addressing any legal issues that may arise.
• Funeral and burial arrangements. A will may include a person's decisions about how their remains should be handled (such as burial or cremation) and the type of funeral service they wish to have.

Dying Without a Will

If someone dies without having prepared and executed a will (known as dying intestate), their property will be distributed according to the laws of the state where they resided. Typically, property will be divided between a surviving spouse and children, or among other family members, and if no family members can be located, the state will take possession of their assets. If a person has not named a guardian of their minor children in a will, the state will appoint a legal guardian.

No matter your age or financial situation, you should take steps to prepare a will to address how your affairs will be handled after you die. A knowledgeable estate planning attorney can answer your questions and help you make sure your will meets your and your family's needs.