Most people are familiar with what a will is and how a will or trust works. In fact, wills and trusts are so common that many people also think they can make one without getting legal help — especially since there are templates that are available online. The problem, however, is that making a will or trust without the proper professional guidance from an attorney is something that you could end up regretting.
Our fiem can provide you with help in creating a last will and testament or trust and can assist you throughout the entirety of the estate planning process. Give us a call today at (916) 437-3500 to learn about the ways in which we can help you secure your legacy by creating a will or trust. You can also learn more below about three reasons why hiring a lawyer to make a will just makes good sense for most people.
1. A lawyer can help you explore all your estate planning options
Attorneys can do something that you can’t do if you try to create a last will and testament or trust on your own. They can help you to assess and understand your goals and to decide whether a will or trust is really the right legal tool used to achieve them.
See, while many people default to making a will when creating their estate plan, there are other tools out there such as trusts that can also be used to transfer assets. Some of the other legal tools out there that are used in estate planning can be better than a will at accomplishing specific objectives. For example, if you have a disabled loved one you want to leave an inheritance too, a will can allow you to do that without jeopardizing any means-tested government benefits that they might be getting. It can also help you to ensure you are able to choose a trusted person to manage assets on behalf of your disabled loved one.
This is just one of many examples of how other estate planning tools can sometimes be a more preferred option for dealing with estate issues. Talking to a lawyer and getting personalized legal advice about your situation is the best and only way to ensure you are making the right choices as you take steps to secure your legacy. You can’t get this kind of advice from a DIY will or trust and if you use a will when other tools are better, you or your loved ones could be significantly disadvantaged.
2. Your attorney will help ensure your plan is enforceable after you pass on
There’s another extremely important reason to get legal help. There are many requirements that are necessary to fulfill in order for a will or trust to be valid and effective. You might not know all of these requirements, but if you don’t do everything right and questions arise after a death about whether a will or trust should be considered valid and enforceable, this could lead to big problems.
You can’t just go back in time and fix any issues that might arise with your will or trust after you have passed on and your will is being probated. It would be too late since you’d have passed away before the issues were discovered. If someone contests your will and you didn’t make sure everything was done by-the-book, there’s a far greater chance of the will not being enforced.
If this happens, then your legacy could end up not being what you would have preferred. Intestacy laws will dictate what happens to your assets instead of your wishes being respected and those default laws may not really be a reflection of what you wanted to leave behind to those who you love.
You can avoid problems that result in your will being unenforceable by working with an experienced and qualified attorney who knows the law inside and out about how to draft a legally valid will and trust and how to ensure you are of sound mind and body when you do so in order to ensure that your will is going to be enforced once you have passed on.
3. Your lawyer will help you to fully addresses key estate planning issues
Finally, your lawyer can work with you to make sure that your will or trust plan is comprehensive enough to accomplish all of the estate planning goals you have. For example, there are many different clauses you can put in your will that affect your finances or the lives of loved ones left behind.
- You could put in a no contest clause to reduce the likelihood of the will being challenged.
- You could name a guardian for your minor children if you cannot raise them adulthood.
By making sure your will is as comprehensive as it needs to be in order to protect your assets, your attorney can help you to build a more secure legacy.
These are just some of the many legal issues that we can help you with as you navigate the process of creating a will. They show why hiring a lawyer is so crucial. Give us a call at (916) 437-3500 to learn more and schedule your consultation to learn more about the ways in which our legal team can assist in your estate planning process.
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