Why You Need A Will Attorney
People are often concerned with the management and distribution of their property to beneficiaries upon their demise. Despite how crucial estate planning is to managing a deceased person's property, estate planning statistics indicate that most American citizens do not have a will. Currently, only about 30% of Americans have wills outlining how will attorneys should share the property in the event of death or incapacitation. A will is an essential legal instrument used to identify and apportion a person's property to designated beneficiaries. Thus, wills are powerful instruments because they ensure owners control their property even after death. People dealing with wills and other estate planning documents should consult qualified professionals considering that wills are binding legal documents. Below are a few advantages of retaining a will attorney.
Drafting a Valid Will
The primary role of a will attorney in estate planning is drafting a valid will that reflects the exact wishes of the testator. Clients must ensure that the drafted will reflects their wishes before signing because no beneficiary has a claim except as contemplated by the testator in the will. Given that succession is a legal issue governed by state rather than federal law, there are varying regulations on drafting a valid will in different jurisdictions. Thus, people wishing to prepare a valid will that conforms to all requirements in the state statute should consult a professional will attorney. Poorly drafted wills may pass property to unintended beneficiaries or get voided by courts resulting in an intestate succession.
Legal Representation in Will Disputes
Will attorneys usually serve as legal representatives to parties in will disputes. Will disputes arise when a party objects to the authenticity or validity of a will. Once a party challenges a will's validity, they have a right to contest the will in probate court. Thus, beneficiaries who challenge or defend a will's validity in probate court should consult a professional will attorney. Will attorneys have experience and know the grounds allowed when contesting a will. The will attorney also understands precedent set by past judicial decisions, which helps them fashion a concrete argument. Retaining a qualified will attorney increases the chances of success in a probate or succession hearing.
Act as an Executor
A will codifies a testator's wishes regarding their property once they pass away. The law permits testators to name an executor in the will. An executor is a legal representative tasked with carrying out the deceased's wishes as captured in the will. Thus, testators can name their will attorney as the estate's executor to distribute property and assets to the designated beneficiaries under the will.