The creation of a simple will may sound easy and it may sound like something that you can do on your own. This is especially true because there are forms you can print off from online which purport to show you how to make a last will and testament. Unfortunately, what these forms don’t tell you- and what many people do not know- is that there is a lot more which goes into writing a will than just putting down on paper who should inherit your assets.
If you are creating a simple will, it is imperative you know what your will should contain and that you make smart choices regarding whether a will is actually the best way to accomplish your particular estate planning goals. It is also essential you understand the legal requirements for making a valid will, as you don’t want to set your family up for fighting or for financial loss when it comes time to probate your will. Mistakes, which often are not found until after death, cannot be fixed- so you can’t take a chance on a problem with your will.
To make sure your will is enforceable and that your will accomplishes your goals, you should speak with a Suffolk County wills and trusts lawyer for help, even with the creation of a simple will. Mark S. Eghrari & Associates PLLC provides assistance with complex estate planning as well as with the drafting of a simple last will and testament. Give us a call today to learn more about how we can help.
Why It is Important to Have Legal Help When Creating a Simple Will
The Rural Law Center of New York explains some of the basic requirements for making a will and the steps which are involved throughout the will-making process. A will needs to be in writing, it must be signed by the person writing it, and it must be dated by the person who wrote it. It should also be signed and dated by two witnesses who observe the person who created it putting his or her signature on it. In general, to make sure there are no complications and that there is no confusion, the will should also be typed rather than handwritten and there should be no corrections, additions, or other handwritten changes on the page.
You need to make sure all of these different requirements are met, which is one thing that an attorney can assist with. When you make your will with the help of an attorney, there is also a third party professional who was present at the time when your will was made and who is aware of the existence of the will. When you pass away, if family members try to claim that there is no will because they believe it will benefit them to make this false claim, there will be an official record of the simple will being prepared. This would not necessarily be the case if you simply prepared a will on your own and left it in a safe deposit box or somewhere in your home.
Making sure that you actually have an enforceable will is just one of many reasons why it is important for you to get help from an estate planning attorney. Your lawyer can also help you to determine what kinds of clauses should be included in the will and can provide assistance in determining if there are other estate planning tools which you should be using. For example, if you have relatives with special needs and you want to give a gift to the person with a disability, you need to make sure you structure the ownership of the gift appropriately so the money can be properly managed and so an influx of resources won’t cause a loss of access to benefits the person with the disability may be dependent upon.
Getting Help With Your Simple Will & Your Comprehensive Estate Plan
You don’t want to take a chance and end up putting your loved ones in a bad situation. You also do not want to lose out on all you have worked for simply because you made a mistake in creating your simple will.
Get the help you need today from a Suffolk County wills and trusts lawyer who will advise you on everything you need to know about planning for what happens after your death. Contact Mark S. Eghrari & Associates PLLC at (631) 265-0599 or contact us online to learn more about how an experienced lawyer can help you.