For those who plan to file a claim against the estate of a deceased person, there is a time limit. A probate lawyer with experience in this area should provide legal advice.
A will outlines how assets will be divided after the will-maker dies.
To draft your will, it is strongly recommended that you visit a probate attorney. We believe it is dangerous for someone to attempt to prepare their will. It has happened many times: a person who bought a will kit from their local post office has made a will without any legal advice. The will was invalidated because of the gift failures, unclear wording, or improper signing. As probate lawyers who have dealt with similar matters, we know that ambiguity is the most frequent error in homemade wills.
There is too much room for error, and it is not worth taking the chance of losing a few hundred dollars. Particularly if the willmaker has large assets.
To make a will valid, there are certain legal requirements. It is essential to get legal advice and to arrange for a lawyer to draft the document. A probate lawyer is familiar with the legal requirements and will ensure the will is written in a way that avoids any problems later.
The will must, for example, be signed in front of two witnesses. The intentions of the will-maker must be clear. These are just some examples.
It is a good idea to speak with a probate attorney who can create a will.
When should I update my will?
In particular circumstances, a will must be amended.
Below are some examples of situations where a will should be updated.
Divorce, marriage, and separation
The beginning of a new relationship
If you have children or grandchildren and your will doesn’t already make provision for them,
If a beneficiary named in your will has died (and there is no provision for this),
If the appointed executor is incapacitated or dead or is unable to act as executor due to illness or death, and your will doesn’t already provide for such circumstances,
If you have bought or sold assets and your will doesn’t already contain provisions for these situations
You don’t need to update your will if your circumstances haven’t changed. However, we recommend that you seek legal advice and schedule a consultation with an experienced probate lawyer. A probate lawyer with experience in this area should provide legal advice.
Who is entitled to challenge my will?
A will contest is a challenge to the legal validity of any part or all of it. A beneficiary might decide to contest the terms of a will if they feel cheated by them. You may be able to challenge your will in different states. This could include your spouse, ex-spouse, or child.
You can contest a will for any of the following reasons: it was not properly witnessed, you were not competent to sign it, or it is the result of fraud or coercion. The probate judge will usually resolve the dispute. Finding legal fault with a will is the key to successfully challenging it. The best defense is a well-drafted and executed will.