07/20/2018










Why You Need an Attorney to Create a Will

Signing Last Will and Testament documentIf you have assets of any kind, having a legally recognized will is necessary to make sure your assets are distributed to the people you want to receive them after your death. If you die without a will, a court will be forced to decide who gets your assets. If this should happen, the people you want to provide for may be awarded little or none of your assets. In order to avoid this from happening, it is important for you to take some time and decide how you want your assets to be distributed. Once you have done this, you should contact an attorney who is experienced in writing wills. This is very important because when it comes to your will, you do not want any mistakes when the will is finally read and your assets are distributed. You need to be certain your wishes will be carried out to the letter. Let’s take a look at some or the reasons why you need at attorney to create your will:

Expert advice

While it is possible to write your own will, any of the following situations will require the knowledge and experience of an attorney:

  • If you want to disinherit your spouse, you will normally not be able to do this with a spousal objection. However, an attorney can tell you what rights your spouse has.
  • You are concerned your will might be contested because you were not of sound mind, you were unduly influenced, or the will is fraudulent.
  • One of your beneficiaries is going to require long-term care.
  • You are the owner of a small business and you are concerned about your stake in the business or the rights of the other owners.
  • You have complicated plans for your will, such as leaving some of your assets in a trust.
  • You want to know what your options are concerning your will.

There will not be any errors

Wills can be very complex, especially if you have complicated finances, or if you want to distribute your assets to a large amount of people. You may also want to put certain restrictions on when a specific person will be allowed to receive their inheritance. In these complicated cases, you will need an experienced attorney to make sure the document is worded in precisely the right manner. Otherwise, there is a chance your wishes may not be followed correctly by the executor of the will. An attorney will also ensure that the will is properly witnessed and signed, allowing it to be legally recognized by a court of law. When it comes to the legality of wills, even the smallest mistake in the way it is worded or signed can render it invalid.

An attorney understands the legal issues of writing a will

There is much more to writing a will than simply deciding the recipients of your assets after your death. Inheritance tax is an important issue that an attorney can explain to you. If you want to set up a trust for your children or grandchildren to protect their money and ensure it is not squandered, you may need the advice of an attorney. The average person does not have the required knowledge of these important issues. An attorney can guide you through the complicated process of writing your will, ensuring you make choices that are in your best interests.

Executor of your will

Choosing the executor of your will is an important decision. The executor is the person who will handle all of the estate arrangements after your death. Some people prefer the executor of their will to be an objective person outside of their family. These special arrangements are best handled by an experienced elder law attorney.

The Law Office of Andrew M. Lamkin, P.C. can assist you in the writing of your will. We will be happy to discuss your options with you. Call us today at (516) 605-0625 or fill out our online contact form and we will get back to you within 24 hours.



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