A will is a legally binding document in estate law that expresses your wishes regarding how your property should be distributed in the event of your death. A will should also appoint an estate executive who will oversee managing the estate until everything has been carried out according to the will. If you are beginning to consider drafting a will, you have two options: you can write one yourself or hire an estate attorney who knows estate law. You are not required to hire an attorney to draft your will and although the legal requirements are not overly complicated, failing to hire a professional could lead to costly problems for your loved ones. Below we dig into three reasons you should hire an attorney to assist you in the drafting of your will.
1.Risk of your wishes not being met
If you are considering drafting a will, or already have one, you likely care about your loved ones and want to make sure the process of dividing your property upon your death is as simple as possible. Hiring a professional who knows the ins and outs of estate law will ensure your wishes are carried through. By choosing to draft your own will, you run the risk of things not going as you planned, and although you will not be here to witness it, your loved ones could have a headache along with the heartache of losing you. Something seemingly innocuous could lead to courts distributing your property as if there were no will at all. While you may save a little money by drafting your own will, you lose the peace of mind that your children will not end up spending more on attorney fees to sort through mistakes than it would have taken you to have an Estate Lawyer draft one for you to begin with.
2. Contested Wills
Successfully contesting a will requires finding legitimate legal fault with it, although that isn’t determined until after you’re already gone. The best way to ensure this doesn’t happen is to have a will that is clearly drafted. Having an Estate Attorney draft, it is the best way to ensure nothing is missing and it will stand in court.
3. You may need more than just a will
An Estate Attorney will guide you and help you understand your options when it comes to distributing your property – whether it be a trust, a will, or something else – an estate attorney can advise you and give you peace of mind that everything is in place and will hold up in court upon your death. Also, remember that laws are constantly changing; a competent attorney stays on top of what is changing and will help you adjust your plan accordingly.
At the end of the day, you don’t know what you don’t know! This alone is enough reason to hire someone whose job is to know estate law. If you are looking for legal advice on an estate plan or would like assistance in drafting a will, do not hesitate to contact Emily Latiolais today. We applaud you in taking the first steps in planning for your future and we want to make sure it’s done right the first time.