What Is a Will?
A will is a legally binding document that outlines who receives your assets – such as property, investments, retirement accounts, and bank accounts – after your death. It can also specify who you want to act as guardian for any minor children you may have, and it can include other important provisions to ensure your final wishes are carried out.
While a will is not required by law, it’s an important tool that can save your loved ones a significant amount of time, stress, and money in the event of your passing. If you don’t have a will, state law dictates how your assets are distributed, and this may not be in accordance with your final wishes or what’s best for those you leave behind.
What Does a Wills Attorney Do?
A wills attorney is an individual who specializes in helping people create legally binding documents that outline their final wishes. This can include creating a will, setting up trusts, drafting living wills, and other important documents. Common duties of a wills attorney include:
- Counseling clients on the best way to distribute their assets
- Helping clients understand the probate process
- Drafting legally binding documents
- Reviewing existing documents for legal validity
- Representing clients in court if necessary
Why Do I Need a Wills Legal Firm Attorney?
While it’s possible to create a will without the help of an attorney, it is not recommended. Many complicated legal issues can arise in the process of creating a will, and an experienced wills attorney can navigate these complexities on your behalf. Additionally, an attorney can help ensure your will is properly executed and filed with the courts, which is essential to its legal validity. Some people have made the mistake of thinking they don’t need an attorney because they have a simple estate and end up making costly mistakes that could have easily been avoided. Legal validity is one of the most important aspects of wills and trusts – don’t take chances with your final wishes.
What Is the Anatomy of a Will?
The anatomy of a will is made up of several different components, including:
- The testator. This is the person who creates the will, also known as the grantor or settlor.
- The beneficiaries. These are the individuals or entities who receive the assets outlined in the will.
- The executor. This is the individual who is responsible for carrying out the instructions in the will.
- The witnesses. These are the individuals who witness the signing of the will and can attest to its validity.
- Power of attorney. This is an individual who is given the legal authority to act on behalf of the testator in matters relating to the will.
- Healthcare directive. This is a document that outlines the testator’s wishes regarding their medical care in the event of incapacity.
Each of these components plays an important role in the creation and execution of a valid will, which is why it’s so important to work with a wills attorney when creating your own.