If you do not have an estate plan, including a will, then it will be considered dying “intestate.” There are laws in each state for when you die “intestate.” However, it is not smart to assume these laws and think that most belongings will go to the spouse since it is not always what will happen.

Generally, if there is a spouse and no children, the spouse will inherit the entire estate. If you have children, but no spouse, then most likely, your children will inherit the estate equally. If there are both children and a spouse, there is a division between the two which can vary depending on certain factors. Further, the state will look towards your other relatives if there are neither children nor a spouse.

Due to the existence of various heirs/beneficiaries, there can be some confusion about who gets what. In addition, the distribution of assets to specific beneficiaries may also cause issues for them, such as eligibility for state benefits.

After discussing your situation with an estate planning attorney, it is wise to create your own plan. This way, you do not need to worry about whether the state’s plan is the same as yours. We are happy to answer your call and any questions you may have.

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Going forward with an entire estate plan to have all your bases covered is a good idea. Although a will is a valuable tool for when you pass away, it cannot address what will happen if you become incapacitated. Since medical issues commonly arise as we age, having guidance is extremely helpful for your family.

Another consideration is a will may not be able to always protect your assets in the best manner either. A will usually does require your family to go through the probate process, which could expose your estate to more taxes and creditors. Although there could be some benefits to the probate court, it can also cost your loved ones additional time and money.

It is best to speak with an estate planning attorney to determine your best course of action. We would be happy to discuss what documents would be helpful for your and your family’s future. Contact us to get started today.

When a person creates a will, they must have the mental capacity to make it, which is referred to as a “sound mind.” Some questions can be asked to determine if the person or “testator” has the capacity.

The first question is did the testator know the nature and consequences when they created the will. The second question is if the testator knew the extent and nature of the property within the will. The third question is whether there is any concern about a disorder that would affect the mind or cause insane delusion to the testator. Lastly, is whether the testator is aware of the relationship between themselves and the beneficiaries they list in the will.

If there are any issues with the answers to these questions, then there is the potential to challenge the will. However, it is the job of the person challenging the will to prove these issues.

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A “personal representative” is also known as an executor. A personal representative is a person you choose to carry out the terms of your will. They are in charge of talking with heirs, making sure outstanding debts are paid, and then distributing the remaining assets to any beneficiaries in the will.

Essentially, the personal representative or executor is a helper and the person the court looks to ensure your estate is settled correctly. Contact us for more help.

You can always make adjustments to your will if a situation arises that requires change. Throughout life, events naturally happen that can cause this need, such as divorce, remarriage, death, starting a business, or additional children.

There are proper ways to change the will to ensure everything will still be upheld when you pass away. For example, you can write a new will or make an amendment with a codicil.

When you create a new will, you want to ensure you address the revocation of the old will and/or physically destroy the old one and any copies. This helps avoid any challenges that may come up. A codicil is an additional document created that addresses the changes that need to be made or any supplemental information that needs to be added.

Creating a new will may be more simple than having a codicil drafted. Creating a codicil adds another document that needs to be looked after and causes concern about one document being separated from the other.

Please call us today if you need to make updates to your will.

When you pass away, your personal representative must take steps to have your will executed or processed with the court. The first step they should do is to contact an attorney to help them through the probate process. This will help make things go more smoothly.

The will should be filed in probate court and any other paperwork the court requires to open a probate case. Assets, beneficiaries, and creditors should all be identified to cover everything. In addition, the personal representative may need to establish a bank account for the estate.

The personal representative should keep an accounting of all actions taken, including paying any debts and making distributions to the beneficiaries. Further, having active and complete communication with the probate court is essential.

We know the probate process can be overwhelming. Don’t hesitate to get in touch with us today to see how we can help.