Living Will Attorney

This is an area that no one wants to talk about but the fact is this: We are all going to pass away at some point. Hopefully later rather than sooner; however, as a responsible adult it behooves you to have all of your affairs in order so that the State you live in does not make incorrect decisions on your behalf. Probate Court could leave your land or other valuable belongings to someone that you did not intend them to go to. I often ask those that I know when was the last time they updated their will and most tell me that they do not even have a Will.

As a parent you have to ensure that your children go to the guardian that you and your spouse selected in conversation prior to your death should you both pass away concurrently. Don’t be naive to think that it does not happen, because it does. If you are a single parent then this becomes even more important. If you do not have it in writing then your family or significant other will not know your wishes since you can no longer speak. A Last Will and Testament gives you the opportunity to have your final words to your family and loved ones and directs what property you would like to pass on and to whom.

Before you get your Will completed you need to know the name and contact information of the person you’ve chosen to be the guardian of your children, the trustee(s) of their estate, and your personal representative/executor. You will also need the approximate dollar amount of any assets that you have to include your home (to include all real estate), vehicles, retirement plans, life insurance policies, and bank accounts. You will need a listing of all your debts as well.

In regards to your funeral arrangements, it is best not to include your wishes in your Will because in most cases your Will is not read until after the funeral. Do this separately on another document and communicate to those close to you about what your wishes are.

Now that you know the importance of having this legal document in place, go and get it taken care of immediately. It will take some thought, a little bit of time to put your thoughts together, and some uncomfortable discussions with those you love but in the end it will be worth it. Your family deserves it, right?

The usage of online will creation software has absolutely blown up over the past few years, while consumers are constantly looking for newer, cheaper ways to create legal documents. Gone are the days when you must spend hundreds of dollars per hour talking with a lawyer to get a living will created for you.

There are many software packages out there that offer a product that simplifies the creation process and allows you to do it yourself. This software can often be purchased for $50 to $100 dollars and offers a full spectrum of options and preferences for an online will. However, there seems to be some loss of expertise in the process, in the sense that the process is severely “dumbed down” to allow the user to understand what is going on.

So what is there to do? You could go back to using a lawyer for your will and fork out the big bucks. This is always a viable option for people who have some very advanced requirements for their will (lots of assets, complicated trusts). However, there is some middle ground emerging for people who want their legal document prepared by a professional, while avoiding the direct cost of using a lawyer face to face.

Online Legal Document services allow the consumer to fill out very basic information online, and then submit it for review by a legal professional. The consumer will then receive the documents printed on paper in the mail within a very reasonable amount of time. The advantage is that the user does not need to stress over hours of software options and printing preferences. Everything is provided for them, and delivered in the mail.

This evolution in the service process is a huge bonus for the consumer who wants to create an online will, living will, or trust, but who does not have the time to run the software themselves. Online legal documents are prepared by inputing information through a web browser, and thus require no download or installation. The cost is also surprisingly low for people who prefer to get a professional, error-free document.

The advantages to both systems must be weighed on an individual basis. The consumer who is confident in their ability to create the document can still find very cheap software solutions. This software is great for very simple documents including online wills, living trusts, living wills, and more. Documents that require some expertise, and those where the consumer does not to worry about accuracy, however, could benefit from the available online legal document services.

When a family has just suffered the loss of a loved one and is going through grief and stress, they’re faced with a lot of hard decisions - at a time when they’re least able to make them.

That’s why an attorney is an indispensable asset. Nowhere is this more apparent than during estate settlement and probate proceedings. Probate laws are complex and virtually no individual (other than a probate attorney) has adequate training in such an arcane and complex area.

When a person dies their family carries a heavy burden of grief and bereavement, a circumstance that no-one is ever really prepared for. Compounding their anxiety is the onerous task of properly settling the estate. A qualified probate attorney can ease the tension in this difficult situation.

Why Hire a Probate Attorney?

Unfortunately, the law waits for no one, and a decedent’s estate must be settled in a timely manner. The responsibility of who will settle the estate is determined by the Last Will and Testament of the decedent.

The person named in the will to complete the task is called the executor of the estate. Through the probate proceeding (which is the process of proving the validity of the will) the court appoints the executor to be the personal representative of the estate. Hiring a qualified probate attorney should be one of the estate’s first and top priorities.

If a person dies without a valid will, the decedent is deemed to die “intestate”. Under this process the division of estate property is determined by state statutes. Family member estate allocations are a function of the intestacy laws under the jurisdiction of the state that the decedent was domiciled.

For this reason, it is important to hire a probate attorney located in the decedent’s home state. Assets titled in a trust’s name usually avoid the probate process entirely, thus providing greater privacy and lower administrative costs. This also allows the the probate attorney to distribute assets more quickly.

How a Probate Attorney Can Help

As you might expect, every estate is different and has unique assets to be valued, sold or distributed to beneficiaries. But before an executor takes any action they should consult with the probate attorney, to prevent a mistake that may be difficult to reverse.

The settlement of an estate can take anywhere from 9 months to several years to be fully paid out and closed, but the probate attorney will be your best guide in this area.

One of the greatest advantages of dealing with an experienced probate attorney is their ability to protect the executor from legal and financial liability. The repercussions of inadvertently mishandling estate affairs can be severe. The executor or personal representative has inherent fiduciary duties of loyalty to the estate. Fiduciary duties are one of the first topics that all executors should discuss with a probate attorney.

Sometimes an executor’s “good intentions” can lead to big problems. For example, allowing a friend or family member to use the decedent’s property or car may expose the estate to liability.

Out of generosity, sympathy or pressure from a family member the executor may over-distribute assets to a beneficiary and then have inadequate funds to pay the remaining beneficiaries their share or to satisfy the estates final expenses.

When this happens, the executor may have to make up the difference with their personal funds to pay any unpaid expenses.

An experienced probate attorney can help prevent this.

Hire a Probate Attorney Early

If an executor tries to navigate these waters alone, without a probate attorney, it may place them in legal jeopardy and even financial jeopardy. Estate settlement is no places for do-it-yourself approach.

The adverse consequences, legally, financially, and emotionally, are simply too high. Talk to a probate attorney as early in the process as possible.

Along with saving you time and money, he or she may save you something much more important… your peace of mind.