Setting up a Will

Do You Really Need a Will?

The Answer is Yes.

Many Americans don't have a simple will as part of their estate plan. Most people often underestimate the importance of a will. You might think a will is only for the wealthy, but the truth is, regardless of your net worth, everyone who owns anything—no matter how seemingly small—should have a will.

Even if you believe a will is unnecessary because you have a trust, jointly owned property, or named beneficiaries on your insurance and retirement accounts, having a will is crucial. Not all assets pass automatically outside of probate, and without a will, your estate falls into intestacy, leaving Kansas's rules to determine asset distribution. For example, in Kansas, if you die without a will and have a spouse and children, state law might divide your estate in ways you wouldn't choose, potentially leaving your spouse with only half. A will puts you in control, acting as a backup plan even if you have other arrangements in place. Our Salina, KS Will attorneys are here to guide you through the process, ensuring your wishes and assets are protected.

Create a Will That Effectively Follows Your Wishes Upon Death.

What is a Will?

A will is a written, witnessed document that becomes effective upon your death. It provides for the distribution of assets owned by you, directing those not covered by beneficiary designations or other non-probate transfers. It names guardians for minor children, designates the person settling your estate (executor), and allows for amendments during your lifetime. While simpler than trusts, wills tend to cost less initially but more to settle through probate court after death. In Kansas, probate is generally required for assets solely in your name, but a simplified process is available for small estates (under $40,000), and our attorneys can help minimize delays and costs.

Important Elements of a Will:

Putting You in Control

A Will doesn't have a specific page or word limit. Typically, a Will includes:

Element

Purpose in Kansas

Distribution of Assets

Specifies how your assets should be distributed, ensuring your wishes are honored and overriding default intestacy rules.

Probate Process

Assets in your name or payable to your estate go through the probate process as directed by the will.

Guardianship for Children

Only a will can be used to name guardians for minor children, securing their future care; courts give strong weight to your choice.

Appointment of Executor

Allows you to name an executor, the person responsible for
wrapping up your estate after your passing; if none named,
the court appoints one.

Any important details
required by state law

Includes specifics like funeral instructions or tax planning.

Spaces for Signatures

Requires your signature (the testator), two disinterested

witnesses, and dates.

While not required, you, the two witnesses, and a notary public can sign a self-proving affidavit. If attached to the original will, it allows the will to be presented to the court without the witnesses needing to testify. This can save time and money for loved ones in the future. Unlike some states, Kansas does not accept unwitnessed handwritten (holographic) wills, so proper witnessing is essential.

For a will to be considered valid, the person making it must:

Be of sound mind (have testamentary capacity).
Be at least 18 years old.
Be able to make decisions about their belongings.
Sign the will willingly and without undue influence, in the presence of two witnesses who then sign it themselves.

How to Ensure a Will is Properly Executed:

Our Expertise Counts

Proper execution is crucial for legal validity. These documents may be invalidated if not signed, dated, or
witnessed correctly. Even the slightest error or uncertainty in following guidelines for proper execution could render your will invalid. While notarization isn't mandatory for the will itself, including a self-proving affidavit (which requires it) streamlines probate. Our experienced team understands the significance of meeting these legal requirements. We guide you through the process to ensure your will is properly executed, safeguarding your intentions.

Let Us Help You Create a Valid Will

With over 60 years of experience, we specialize in estate planning matters, assisting business owners, professionals, and individuals concerned about their assets' future. From straightforward wills to complex trusts, our estate planning attorneys handle all aspects of your plan. Rest assured, your assets will be passed to your intended beneficiaries efficiently. Kansas has no state estate tax (though federal rules may apply for larger estates), but let us optimize your plan for your unique needs.

Contact our Salina, KS wills attorneys today for a consultation. We are dedicated to providing peace of mind by securing your legacy and ensuring your wishes are respected.

This information is for general guidance only and is not legal advice. Laws can change, so consult an attorney for personalized recommendations.