The goal of a will is to make sure it will pass probate with flying colors, your assets are properly divided up how you want them, has the problem of debts paid and under control, appoints someone to oversee your wishes (trustee or executor), and allows for provisions for minor children. Most people want to make their children happy and want to divide up possessions fairly without creating any animosity amongst the parties impacted.
If you are to DIY your last will and testament, it must pass the above tests. If you cannot say for certain that your will can, then you need to contact the estate planning attorneys at Bivens & Associates who can help you ensure that your will will stand up in court. At Bivens & Associates, we are passionate about helping those who age as we specialize in elder care law, estate planning, and special needs law. Contact us today to get started!
MORE REASONS TO HIRE AN ESTATE PLANNING LAW
You Are Hiring an Expert
An estate planning lawyer, such as those at Bivens & Associates, are more than just the drafters of your will or trust paperwork. Estate planning lawyers have years of experience in helping people plan their wills, and they can often counsel those who have big decisions to make, such as who would be the best caregivers for their minor children. With such emotional decisions to make, it can be helpful to have an impartial eye, and estate planning lawyers can give you different perspectives so you can make the right decision for you. If you are trying to decide on caregivers, you might only be considering a loving home. However, you have to consider stability and financial ability as well if someone were to take on your three kids should you die. There are just so many variables that great estate planning lawyers can help you identify in your individual situation.
Changes in Life’s Circumstances
Once a will is completed, it’s contents are final, meaning if you died tomorrow, whatever it says is what goes. That being said, many people complete a will and leave it for years, never altering it. Many of life’s circumstances can alter, such as births, deaths, marriage, divorce, and other life-changing circumstances. Leaving money in your will to Uncle Bill is a great thing unless Uncle Bill is dead, and you never changed it. Divorce alters items that automatically would have gone to the spouse, but since your spouse’s status has changed, so has your will inadvertently. This could be a good thing or a bad thing. If you wanted your ex-spouse to have your house when you die so your kids have a home and you never changed that in your will after your divorce, your ex-spouse now has an expensive court process to go through. Bivens & Associates recommends that you stay on top of your will and change it frequently when life’s events change.
Each state differs on the laws related to same-sex marriage and inheritance rights. This is definitely something you will need an experienced estate planning attorney, such as Bivens & Associates, to help with. In many states, if your partner dies before you, you may not have the same rights as different sex couples.
Lost wills are more of a problem than you would think. If a will cannot be located upon death and you DIY’ed your will, odds are, that is the only copy, and the courts treat this as if there were no will at all. When you partner with an estate planning attorney, such as Bivens & Associates in Scottsdale, he or she may keep the original copy safe for you who can then document that they have it and that it exists. That way, even if the attorney loses it, there is evidence it existed and a copy can be reproduced so your will be valid.
No Conflict of Interest
When you partner with an estate planning attorney, you have a third party with no vested interest in your possessions. This could be a life-saver when it comes down to explaining your intentions to a judge should your will be contested. Let’s face it, an impartial third-party who does not benefit from the will is a more credible witness than someone after your money or home who stands to benefit substantially from your will.
HOW BIVENS & ASSOCIATES IN SCOTTSDALE CAN HELP WITH YOUR ESTATE PLANNING NEEDS
Bivens & Associates in Scottsdale has the knowledge and the experience to make your estate planning process as easy as possible. When you partner with us for your estate planning needs, we’ll go over all of your possessions, your desires, your options for incapacity, including powers of attorney, and explain to you all of your options. We also offer elder care and are experts in special needs law, so we can help advise you as well in these situations.
Planning your estate needs to be a priority; call us today to make it so!