One of the most important elements of an estate plan is the final will and testament. A will dictates your final desires for the distribution of your estate and can provide assurance for your loved ones that they will be financially secure after your passing. After paying final taxes and estate debts, the remainder of your assets are distributed to family, friends, loved ones, and organizations according to the terms set forth in your will. Without a will, your estate is distributed according to state intestacy laws, which may ultimately mean that some people receive more, or others are excluded entirely, that goes against your final wishes for inheritance.
Using an experienced probate attorney to assist in drafting a will can also help avoid will contests after your passing. A will contest can occur if an heir or beneficiary believes that there is something wrong with the contents or procedure involved in creating or updating the will. Some of the most commonly cited grounds for will contests include the following:
- Lack of testamentary capacity
- Undue influence
- Procedural issues (failure to sign the will or have it witnessed), and
- Fraud or forgery
When you utilize the services of a knowledgeable wills lawyer like at the Law Office of Rachel M. Matos, you can rest assured that the proper procedure was followed and all proper steps were taken to avoid any future complaints or contests of your will.
As part of drafting a will, our office can also assist with the creation or modification of trusts that are used to protect certain assets from the probate process. Trusts can be revocable or irrevocable in nature, with benefits and drawbacks to each. A wills lawyer can explain all of your legal options for will and trust drafting to ensure that your final wishes are executed exactly as planned. Contact the Law Office of Rachel M. Matos today.