What Type of Lawyer Do I Need for a Will?

A will or testament is a legal document used to distribute assets upon your death. If you want to ensure your assets go to the right people in the right way, you need to speak with a lawyer for help. So, what type of lawyer do I need for a will?

What Type of Lawyer Do I Need for a Will?

Lawyers operate within the American legal system, which can be incredibly confusing and complex even at the best of times. That’s exactly why the very best in the industry focus on a specific area of law in the first place.

It’s also why you should try to connect with a lawyer who specializes in your area of need rather than just the first person you find in the telephone book.

If you want to write, formalize, or edit your will, your goal should be to connect with an estate planning lawyer specifically. We’ll tell you about estate planning, how to create or adjust your will, and how to find the right lawyer in this post.

What is Estate Planning?

Estate planning is an umbrella term used to indicate all activities related to the planning or execution of an estate. The term “estate,” as it is used here, refers to all of the assets, debts, and properties belonging to a specific person at the time of their death.

An estate planning attorney may help people plan for the future by creating a will and outlining how they want their estate managed after they pass. Alternatively, they can also help surviving family members execute the estate by ensuring all wills and instructions are followed around the management of assets.

The importance of estate planning in advance cannot be overstated. Having a plan for the future – and a will – helps to ensure your loved ones adhere to your wishes with regard to your estate. It also eliminates unnecessary drama and ensures that there are no questions about who should receive which assets and when.

Remember: once you have passed on or become incapacitated, you no longer have any control over these decisions. Making a move to secure your wishes today will ensure your peace of mind as you age.

How Estate Planning Lawyers Can Help

Estate planning lawyers can help you create, change, or formalize your will in a variety of ways. The most important form of support they provide is initial advice. This includes reviewing your will for potential problems, such as failing to meet certain legal requirements or setting up financial disbursements that become expensive, unwieldy and difficult for your loved ones to access.

While you can write your own will at home using a will or trust kit, doing so is rarely wise. Each state’s rules and regulations can vary dramatically, which makes figuring out how to close potential legal loopholes challenging or even impossible.

Consider that attorneys spend up to eight years or more – plus ongoing continuing education hours – learning every nook and cranny of estate law. This knowledge makes an attorney far more adept at spotting potential issues and optimizing your will than almost anyone else (even you).

The goal of any will is to create a rock-solid document that clearly outlines your instructions. It should leave zero room for interpretation – and that’s s a result only a good attorney can guarantee.

Extra Benefits and Services

Aside from the initial creation or execution of your will, there are other reasons why it’s best to work with an estate planning lawyer. Many attorneys offer storage services for sensitive documents such as wills and directives. This ensures your instructions are never misplaced, lost, or destroyed by someone who might want to manipulate the situation to their own benefit.

Lawyers can also help you gather information, review your entire estate, and make important decisions about your future. This includes creating documents like the Advanced Medical Directiv (AMD), which essentially indicates when you want medical intervention to stop if you become incapacitated.

Having all of these decisions made and outlined well in advance means peace of mind for you, but it can also be incredibly beneficial for your loved ones. There is no need to make stressful decisions about your care.

Giving your loved ones the freedom to grieve without agonizing over when to let you go is, in many ways, a gift all on its own.

How to Prepare a Will

A will, sometimes referred to as a “Last Will and Testament,” is essentially a legal document outlining all of your wishes and how you want your estate to be handled. It must be filled out, witnessed, and signed according to highly specific legal requirements.

Wills that do not follow legal requirements may or may not hold up in court, which is exactly why it’s best to have a lawyer oversee the process.

Preparing a will starts with cataloging your current assets and any property belonging to you. This includes bank accounts, savings, pensions, vehicles, homes, and even smaller assets such as electronics and jewelry.

You must also decide who retains custody of your children as well as who can execute your estate. Any legal citizen over the age of 18 can technically serve as your executor – including your lawyer.

Once you decide, you need to fill out the right legal document according to your needs. For most people, this will be a simple will. You can find and print this document from the California Bar website at this link.

The last step in creating your will is to have it finalized and made official. This process includes having at least two people date and sign the will, and then having another two parties witness the signing (they should also sign). Your lawyer can act as one of the signing parties; an assistant or paralegal within their firm can serve as a witness, should one be needed. You can also have any other legal citizen above the age of majority sign, including a spouse or adult child.

A simple will remains official and in place until it is executed or changed. You can make adjustments to your will at any point in time; in fact, many people do this as their circumstances change. You will, however, need to fill out a new will and make it official once again in order to make the adjustment official.