LA Probate Law on How to Make a Will
Most people are well aware that they need to have a Will made in order to pass their assets on to those that they choose. Without a Will, the state decides who will get what, and how much. This could easily mean that some of the assets will go to people that the deceased never intended to get them, or they could get a share much larger or smaller than planned. The rules a state follows to distribute assets is pre-determined and they will follow them. There will also be costs that will include a large percentage in estate taxes, administration costs (a set amount determined by the state), and a lot of time wasted before the recipients will get their share. This can be avoided if you hire the services of Scott Schomer at LA Probate Law and get a will that is properly prepared to get the job done. There are many reasons why the court may reject a Will, and one of the more common reasons could be because it is handwritten, and it may not conform to the requirements. This type of Will is called a holographic Will and it is believed that they can be easily forged. Instead of writing it out longhand, a Will preferably should be typed out or printed out using a computer.
Be Careful of Will Kits
When you want to make a Will that is going to pass the scrutiny of the court, you will have to follow some rather basic rules. You can find out what they are from an attorney at LA Probate Law. Although there are many instant Will kits around, these are not guaranteed to be approved by the court. In fact, these documents are often generic no matter where they are sold and are usually not state specific. This fact can lead to many of them being thrown out and the Will of the deceased unfulfilled. If a Will is rejected, then the assets of the deceased are treated as if there never was a Will in the first place. Getting good legal counsel can help you to avoid this problem and keep a lot more family members and relatives happy. There are a number of potential problems that you should consult a lawyer about when making your Will. This includes situations where you may want to disinherit a spouse, or if you have reason to believe that there might be someone who will contest your Will.
Get Help Completing the Will
The way that a Will is signed is going to be another major issue for all concerned. If certain conditions are not met during the signing process, then it is automatically null and void – if it can be proven. For one thing, the state of mind of the Will’s creator needs to be clear and sound. If this can be challenged – and upheld – the Will is no good. One way that this objection is met today, is with a video camera recording the whole process. This allows everyone to see what happened and the condition of the creator of the Will. LA Probate Law can help you create a Will that would be hard to challenge. Remember, too, that if the person creating the Will is elderly, then this issue is more likely to be a problem, especially if there are a lot of assets involved. It is also necessary that there be two witnesses present who actually see the creator sign the Will, and then they must also sign it. The witnesses cannot be anyone who will receive any of the proceeds of the Will.
Other Important Documents to Get Help With
It is important to realize that a Will is not to be mistaken for what is called a living Will. A living Will is a document that tells relatives and doctors that you do not want to go on life-sustaining equipment in the event you should become comatose or terminally ill. It is also a good idea to have another document called advance health care directives and durable powers of attorney so that an appointed individual can be given the authority to make health care decisions for you when you are no longer able to make them. These documents will also indicate whether or not you want to be an organ donor as well. LA Probate Law can help you to get the appropriate documents and guide you in the wording, as well as explain all that is involved.
Update Your Will Occasionally
Because life itself is always changing, as well as your relationships and possessions, you will occasionally need to make adjustments to your Will that will reflect those changes. This means that you need to take a good look at your Will every so often and have it changed so that your affairs are always in order. If one of your beneficiaries dies, or new children are born, or if there is a spouse that dies or a divorce, then it is very important that you update the Will and change the beneficiaries. This process does not need to be done often, but you may want the services of LA Probate Law to help to ensure that the Will covers those things that need to be in it, that it is worded correctly, and that it will likely be accepted by the court.
LA Probate Law on How to Make a Will
Latest posts by Scott Schomer, Estate Planning Attorney (see all)
- What are the Advantages and Disadvantages of a Living Trust? - January 15, 2019
- Why Avoid Probate? - January 10, 2019
- When Do I Need a Tax ID Number for a Trust? - January 9, 2019