A Will Prepared by an Attorney

A will is a legal document that explains the distribution of your assets after your death. In the will, you can state who gets your assets and your heirs will have an easier time accessing your assets. The most important version of the will is the most current valid one in existence at the time of an individual’s death. A will prepared by an attorney is individually designed and professionally crafted for you in accordance with the laws of your state.

Why should you hire an attorney to prepare your will?

Having your will professionally prepared gives you peace of mind, since you know it has been done correctly and that, one day, your beneficiaries will enjoy the fruits of your labor. Be sure to hire an lawyer who is experienced in estate law.

What information do you need to have?

Your lawyer will ask many questions, or, perhaps, will have you fill out a questionnaire to provide detailed and descriptive information about:

• Your property;
• Your assets, including banks accounts, stocks, mutual funds, bonds, insurance policies, and any trusts you have set up;
• Your debts;
• Your family (including names and ages of minor children);
• Your selection for executor of your will (this is the person who will be responsible for carrying out the terms of your Will, for collecting your assets, paying the debts, and distributing the remaining assets to the beneficiaries); plus an alternate executor if your first choice cannot or chooses not to serve;
• Your selection for your children’s guardian (the person who will care for your minor children should you die before they reach eighteen years of age), plus an alternate guardian if the first choice cannot or chooses not to serve;
• Your beneficiaries, and alternate beneficiaries should your beneficiaries not survive you.

Once your lawyer has gathered the information needed to prepare your will, he or she will have you review the document for accuracy, answer any questions you may have, and then arrange a meeting for the execution of the will before witnesses and possibly a Notary Public. Also, make sure to sign the written will in the presence of witnesses.

If you want to leave certain personal property to specific heirs when preparing a will, you may include your wishes in a separate document called a letter of instruction that goes together with the will. The letter can include details that will help your executor settle your estate planning documents, account numbers, passwords, and even burial instructions. Additional material to the will, such as a power of attorney, a medical directive, or a living will, can advise the court on how to handle matters if a person becomes physically or mentally incapacitated.

If your situation is legally complex, make sure to work with someone who is familiar with your state’s laws. Find experienced lawyers by entering your ZIP code below.