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  • Also known as a last will and testament, a will is a legal document that outlines an individual’s wishes upon their death. A will serves as a fundamental component of estate planning and must meet certain requirements to be legally valid. Common aspects of a will include:

    • Appointing an executor
    • Guardianship of minor children
    • Distribution of assets
    • Bequests or specific instructions
  • Having a will allows you to clearly list out how you would like your estate managed in the event of your death and can provide peace of mind to you and your loved ones. Aside from determining distribution of assets and guardianship of minor children, a will can help avoid family disputes and protect unmarried partners or non-traditional families. Creating a will offers you control and simplifies the process for your loved ones during a difficult time.

  • Wills are one of the most iconic documents associated with lawyers. An estate planning attorney can assist you in working through the process, ensuring your will is legally valid and reflects your wishes. Common considerations when creating a will can include:

    • Determine your intentions
    • Choosing an executor
    • Documenting your wishes
    • Signing and witnessing
    • Storing the will
    • Reviewing and updating
  • Yes. As your life changes, so do potential beneficiaries and heirs. Therefore, it is crucial to keep your will up to date. If you do not keep your last will and testament current, it may not reflect your wishes. If the change is minor, your will can be updated with an amendment, also known as a codicil. However, if you have significant changes, the best approach may be revoking your will and creating a new one.

  • In general, an attorney can provide a will based on a flat fee or hourly rate. The cost to prepare a will depends on several factors, including the type of estate, number of assets, and specific wishes of the client. For example, a person with modest assets and no children may want all their assets to go to one person, and so they may use a simple will. In contrast, a person with a lot of assets and specific distribution plans may have a more complicated will or they may require a trust.

  • In general, you can make a simple will on your own without an attorney. However, there are several benefits to consulting with an experienced wills lawyer. A wills lawyer can provide options for how to handle property, real estate, and assets after death. A wills attorney can also develop an estate plan to provide for your family and loved ones without the unnecessary delays and costs of going through intestacy.

    The basic requirements for a will generally include the mental capacity to understand the nature of a will, testimonial intent to have the will take effect, the will is in writing, and signed by the testator before witnesses. Different states may have other specific requirements to establish a will. One of the benefits of using an experienced lawyer is that the probate attorney understands the legal requirements to prepare a will and make sure that it will be enforced.

    If there is no will or the will is not enforceable, the decedent's estate may go through probate and property will be distributed according to the state's intestate distribution laws. If someone dies intestate, their property will be distributed to their relatives. If there are no relatives, the property will go to the state.

  • Many lawyers offer free or low-cost consultations. Finding a lawyer that can align to your needs and goals may impact the outcome of your legal matter. Things to do to help get you started include:

    • Ask for recommendations and referrals from friends, family, and colleagues
    • Research attorneys online through directories and bar association websites
    • Review qualifications and experience
    • Interview prospective lawyers
    • Consider compatibility
    • Read client reviews and references
    • Determine conflicts of interest


    Making an informed decision when choosing an attorney requires time to research if a lawyer is a good fit for you. Asking the right questions can help you determine if they have the approach, capabilities, and experience to assist you in your legal matter. Some questions to ask a potential attorney include:

    • What is your experience and expertise in this area of law?
    • Have you handled cases like mine and what were the outcomes?
    • What strategy would you use for this type of case?
    • What are the biggest challenges of my case?
    • What is your fee structure and how do your charge for your services?

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