Why You Need An Attorney For A Will

An individual’s last will and testament is a vital document that could play a significant role in determining how that person wishes to have their final affairs handled and their finances and property distributed. This short blog focuses on the reasons individuals might wish to employ the services of a lawyer to help them author said document.¬†Though it is not mandatory for someone to consult with an attorney prior to and during the process of authoring a will, doing so may be beneficial for several reasons including:

Validity And Authentication

Once a lawyer and said professional’s client has completed the process of authoring a will, both attorney and will author sign the legal instrument, as do other witnesses. This process is undertaken to ensure the process was completed in accordance with the law and that the document is authentic and valid. When this process is not completed, those who wish to contest the will’s validity might have a stronger case to offer a challenge under such auspices.

Asset Protection

A deceased individual’s assets might be subjected to the tax and financial laws of the state or municipality within which they resided. These laws can sometimes be complex. A lawyer will have familiarity with such regulations and can provide advise designed to help their clients loved ones inherit as much as possible. An attorney might also be able to help a client identify other means of ensuring that loved ones receive most of all an intended inheritance.

Preventing Problems Before They Arise

The death of a parent or grandparent is often a challenging time under the best of circumstances. In larger or wealthier families, disputes can arise which might delay the process of asset and property distribution for months, quite possibly years after the individual in question has died. Furthermore, such circumstances could precipitate or exacerbate conflict among individuals. A lawyer can help a client identify any potential problem areas or issues and iron such matters out before they become problematic and more difficult to resolve.

Establishing Specific Directives

A lawyer can help a client establish how specific aspects of their final affairs will be carried out. Again, a lawyer can help identify important actions family members or designated individuals will need to execute following their loved one’s passing. It is important to reiterate that after someone dies is usually too late to first organize their final affairs.

Designating An Executor

Identifying someone to execute the directives so established in a last will and testament is often crucial to ensuring the process of resolving a deceased person’s affairs proceeds smoothly and efficiently. An attorney can help a client identify the family member or close relationship that is the most honest and responsible and might have the legal or fiscal background necessary to more effectively perform the will’s execution.

Adhering To The Author’s Individual Wishes

The assets an individual accumulated over the course of a lifetime should be delineated in a way that best meets the individual desires of the person. Sometimes, people feel external pressure to leave certain assets to certain persons. A lawyer may be able to help a client view their circumstances more objectively and render decisions based upon careful thought and not merely on emotion or other emotions.

Making The Will Less Contestable

Lawyers understand the importance of writing important documents like wills using legal language that is clearly understood and less likely to be challenged due to vagueness.

Standing Up In Court

Anyone can contest the validity of a will. However, if said document is written with the assistance of an established attorney, the document stands a better chance of being formally accepted inside a court of law.

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About the author: Wifred Murray

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