Do you need a lawyer to make your will?

Yes. The average layperson cannot
appreciate the various issues that must be addressed in drafting a will and the
consequences of failing to address these issues. If any of the the
following issues or concerns apply to you, they should be communicated to your
attorney during the initial informational stage of the will process:
- You have questions about your will or other options for leaving your property.
- You expect to leave a very large amount of assets (say, over $1 million) and they may be subject to estate tax unless you engage in tax planning.
- Rather than simply naming people to inherit your property, you want to make more complex plans -- for example, leaving your house in trust to your spouse until he or she dies and then having it pass to your children from a previous marriage.
- You are a small business owner and have questions as to the rights of surviving owners or your ownership share.
- You must make arrangements for long-term care of a beneficiary -- for example, setting up a trust for an incapacitated or disadvantaged child.
- You fear someone will contest your will on grounds of fraud, or claim that you were unduly influenced or weren't of sound mind when you signed it.
- You wish to disinherit, or substantially disinherit, your spouse. It's usually not possible to do this if your spouse objects, but a lawyer can explain your spouse's rights.
You should have a lawyer review your will
at least once every three years (more frequently if the facts or the law
have changed significantly) to ensure that your will continues to document your
intentions without undue death taxes or other difficulties.
We are
knowledgeable about wills, trusts and estates. Our fees are reasonable fee and
we will be happy to provide you with a free initial consultation to discuss your
issues and concerns.
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