Do’s and Don’ts of Planning Your Will

When it comes time to write your will, it can be tough to know exactly what you should do. As with most legal tasks, there is a right and a wrong way to do things. This list can give you some ideas of smart moves to make when it comes to planning your will.

1. Do Not Procrastinate

Many individuals procrastinate creating a last will and testament due to fears about making decisions concerning their death. While no one wants to consider their own death, it is a fact of life that eventually happens to everyone. Writing a last will and testament does require a certain amount of knowledge to ensure it is valid in your geographic region, but there are many helpful resources available that are low-cost and easy to access. In addition, many attorneys’ offices have a basic and affordable fee for helping individuals to write a last will and testament.

2. Do Have a Sound Mind

Of course, if you are a multimillionaire who owns numerous houses and businesses, then creating a will is more complex. An important rule in every jurisdiction is that an individual must be of sound mind when writing a will to help avoid legal disputes. That means creating this important legal document before developing dementia. Statistically, less than 50 percent of the population creates a last will and testament, leading to many legal problems that can last for years. Without a legal will, the decisions about the division of property such as money and houses will be left to the court system.

3. Do Have Expert Witnesses

Designing an effective last will and testament generally means that probate hearings are handled quickly, allowing a chosen executor to pay outstanding debts. At the same time, you can make sure that heirs, including surviving spouses or minor children, will have necessary provisions. A will that is worded correctly according to a geographic region’s regulations helps to prevent legal battles between family members or business partners. By creating a will with the assistance of an attorney, you have expert witnesses to verify its legality. An attorney can keep the will in a safe place away from natural disasters such as fire and floods and people who might try to change the will without your consent.

4. Do Not Delay Due to Small Details

Planning a last will and testament takes time to consider the smallest details such as deciding who will get valuable jewelry or family keepsakes. However, needing to make decisions concerning a legal will should not lead to delaying. Begin by considering things such as bank accounts and property before deciding who gets less valuable items. A professional attorney can help you make adjustments to a will when personal circumstances such as a divorce require changes.

5. Do Seek Expert Legal Advice

An attorney is able to look at your situation objectively to make suggestions for scenarios you may not have considered, including several family members passing away at the same time. This type of situation can lead to major problems concerning a last will and testament to determine who will have custody of young children or receive property. A properly written will can prevent bad feelings that could cause family feuds that lead to battles in courtrooms that can last for several years.

Contact Us

If you need help with your will or the will of a loved one has you concerned, contact the law office of Andrew M. Lamkin, PC. With our qualified, experienced attorneys handling things, you can stop worrying about your future. We pride ourselves on helping our clients receiving the best service possible.


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