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 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, having a will is crucial. Without one, your estate falls into intestacy, leaving the state's rules to determine asset distribution. A will puts you in control, acting as a backup plan even if you have other arrangements in place. Our Salina, KS Wills 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?
Understanding Its Importance
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. 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.
Important Elements of a Will:
Putting You in Control
A Will doesn't have a specific page or word limit. Typically, a Will includes:
Distribution of Assets: A will specifies how your assets should be distributed, ensuring your wishes are honored.
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.
Appointment of Executor: Wills allow you to name an executor, the person responsible for wrapping up your estate after your passing.
Any important details required by state law.
Spaces for the person making the Will and two witnesses to sign and date it.
While not required, the person making the Will, 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.
For a Will to be considered valid, the person making it must:
Be of sound mind.
Be at least 18 years old.
Be able to make decisions about their belongings.
Sign the Will willingly and without undue influence.
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 notarized correctly. Even the slightest error or uncertainty in following guidelines for proper execution could render your will invalid. 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 40 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.
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.