Reasons to Need a Lawyer to Draft Your Will

No matter the size of your estate, it’s important to have a will. A Will ensure your assets are distributed to whom you want them to be, saving your family unnecessary stress after your death. Without a will, state laws dictate what happens to your belongings and family members. An attorney can help you avoid this.

They are Experienced

While some draft a will independently, it can be challenging. For starters, there are a lot of legal requirements that must be met to make sure the document is valid. Hiring a law service Keyser WV can ensure that both the content and format of your will meet all of these requirements. A lawyer can also help you name your estate’s executor and beneficiaries. Additionally, they can help you state any end-of-life wishes that you may have, such as how you want to be buried or cremated. They can also break down any legal language that might be difficult for your family to understand.

Finally, a lawyer can be helpful if your will is contested. Contests can happen for various reasons, including that the choice needed to be witnessed properly or that you weren’t of sound mind when you signed it. An attorney can provide a neutral perspective in this scenario, helping to settle the dispute.

They Can Help You Avoid Mistakes

Many people think hiring an attorney to draft a will is expensive, but it’s the most affordable way to ensure your document is legally binding. It is true if you hire a lawyer who specializes in estate planning and can ensure that your will complies with state laws. It is possible to draft a will on your own, but there are several important things you need to consider before doing so. Without legal expertise, you could easily overlook state statutes or make a mistake with disastrous consequences. For example, if you name the wrong executor or leave out assets, your family may have to spend time and money resolving the problem. In addition, if you fail to update your will regularly after major life events (marriage, divorce, death of a beneficiary or spouse, birth of children, etc.) or use a fill-in-the-blank template, your document may not be valid.

They Can Help You Avoid Contested Wills

While it is always possible to have a contested will, the more ironclad your estate plan is, the less likely your family members will fight over your assets. Attorneys can help ensure your choice adheres to state law and prevent mistakes that could lead to a contest. For instance, it is important to name your estate’s trustworthy executor and clearly outline your assets. This person must follow certain laws and manage your final debts and taxes. A lawyer can assist you in choosing a qualified candidate. They can also recommend steps to take, such as handwriting the document and recording it on video, to show that you were of sound mind when you signed it and that there are no issues regarding mental capacity. Often, a challenge can be made because of fraud or undue influence (for example, when someone coerces an elderly parent into signing a will, leaving them all their money). An attorney can advise you on preventing this by including a no-contest clause in your will that disinherits anyone who challenges the will.

They are a Neutral Third Party

In a dispute resolution process such as mediation, neutral evaluation or other ADR, lawyers act as neutrals, facilitators and arbitrators. They can also serve as conciliators, evaluators and decision-makers. The neutral’s role may involve hearing information or settlement facts that are sensitive, confidential and proprietary. Under Model Rule 1.9(b), a lawyer acting as a neutral must inform unrepresented parties of the important differences between the neutral’s duties and a lawyer’s service as a client representative, including that attorney-client evidentiary privilege does not apply in ADR proceedings.

A professional estate planning lawyer can be considered a neutral third party because of their training and experience. However, a “fill in the blank” form downloaded from an online site could be viewed as a self-serving document unless it is properly executed with two disinterested witnesses and a notary. These documents cannot address unforeseen circumstances and must be revised as life changes. They cannot provide the level of security needed to protect a lifetime’s worth of assets for your loved ones.