things to ask a lawyer when preparing a will

^{What Questions to ask Lawyer about Wills}

1. If your situation is complicated, make sure that you find a lawyer who works specifically with wills and estate planning. ...
2. Ask how many years of experience the attorney has in estate planning. The more experience, the more likely your lawyer will know how to deal with your specific situation. ...
3. Make sure the lawyer gives you a list of documents that he/she will need to see in order to evaluate your situation. ...
4. Does your lawyer foresee any problems that might occur in your case? ...
5. Ask your lawyer for an estimate for the length of time needed for this issue to be solved.
6. Determine if your lawyer’s fee is a flat rate or by the hour. ...
7. Your lawyer may pass on the case to another lawyer in the firm. ...

What questions should I Ask my Lawyer when making a will?

Here are some questions you should ask your lawyer when making your will: 1. Is Estate Planning Your Field Of Specialisation? You should work with a seasoned lawyer specialising in wills and estate planning.

How can I help clients decide what they want out of wills?

In order to help your clients decide what they want out of their will, you're going to need to ask them. But, it isn't enough to simply say "what do you want your will to do?"

Should I hire a lawyer to make a will?

If your situation is complicated, make sure that you find a lawyer who works specifically with wills and estate planning. Otherwise, if all you need is a simple will, a lawyer who has broad knowledge of many subjects such as estate planning will be able to do the job.

What should I do with my will after writing it?

Once you have written a will and made sure it complies with your state's law regarding the execution of wills, you should store it somewhere safe and let others know where to find it.

What questions to ask when setting up a will?

5 Questions to Ask Before Writing Your WillHow should I express my intentions? ... Who makes sure my intentions are carried out? ... What is a trust? ... How much inheritance tax will my heirs owe? ... What if I want to leave money to charity?

What to know before preparing a will?

9 Important Considerations in Creating a WillDetermine who will draft your will. ... You will need witnesses. ... Select your executor. ... Be specific. ... Don't neglect your digital assets. ... Consider who to include as your beneficiaries. ... Communicate with your heirs before you die. ... Keep your will current.More items...•

Will preparation questions?

5 Questions An Attorney Will Ask When Drafting A WillWhat Do You Hope To Achieve With A Will? ... What Is Your Family Situation? ... What Assets Do You Own? ... Where Do You Want Your Assets To Be Distributed? ... Who Will Be Responsible For Your Estate?

What are the most important things to put in a will?

What are the Most Important Things to Put in a Will?Personal Information. This should go without saying, but your will should include basic information about you to be official. ... Last Will and Testament Verbiage. ... Property and Assets. ... Beneficiaries. ... Executor. ... Guardianship. ... Signatures.

Do and don'ts of making a will?

Ten Do's and Don'ts for Writing Your Will1.) Don't put it off. ... 2.) Don't get lost in the weeds. ... 3.) Don't bestow honors. ... 4.) Do name alternates. ... 5.) Don't let the choice of alternates bog you down. ... 6.) Do express your wishes for charities and friends. ... 7.) Don't think that other documents or statements will suffice. ... 8.)More items...•

Should you include grandchildren in your will?

One of the most preferred ways to leave assets to grandchildren is by naming them as a beneficiary in your will or trust. As the grantor or trustor, you are able to specify a set amount of money or a percentage of your total accounts and property to each grandchild as you see fit.

What are 3 estate planning questions you may want to consider either for yourself or your parents?

You might not think this is relevant to estate planning....Thinking about the following issues in advance can help you prepare for a meeting about your estate plan.Who will raise your children if both parents die? ... What if you all die in a common disaster? ... Are there any other descendants you haven't yet mentioned?More items...•

Will and estates questions?

Frequently asked questions about Wills and Estate PlanningWhat Is a Will? ... What Happens If I Don't Have a Will? ... What is the role of an Executor? ... What's involved in nominating an Executor? ... What are Beneficiaries? ... Preparing Your Will. ... If I Get Married or Divorced, Does That Affect My Will? ... What is a Testamentary Trust?More items...

How do you draw up a will?

Steps to Make a Will:Decide what property to include in your will.Decide who will inherit your property.Choose an executor to handle your estate.Choose a guardian for your children.Choose someone to manage children's property.Make your will.Sign your will in front of witnesses.Store your will safely.

What should you not put in your will?

What You Should Never Put in Your WillBusiness interests.Personal wishes and desires.Coverage for a beneficiary with special needs.Anything you don't want going through probate.Certain types of property.

What are the four must have documents?

This online program includes the tools to build your four "must-have" documents:Will.Revocable Trust.Financial Power of Attorney.Durable Power of Attorney for Healthcare.

What should I leave in my will?

It only makes sense that you would want to make sure to leave it to the right person (or people). Other notable assets to take stock of before finalizing your Will are your vehicle, family heirlooms, cash, bank accounts, retirement funds, stock options, and any other valuable possessions.

What should an estate planning attorney ask?

Quite simply, a good estate planning attorney should ask you what it is that you want to achieve with your will. Some things they may want to know are how important tax issues are to you, meaning how vital it is to you whether you are to paying high taxes or not. An attorney will also want to know whether or not you have children ...

How to get started with drafting a will?

To get started on drafting your will and other important documents, contact a licensed estate attorney so they can make sure that your estate plan follows state laws and accurately reflects your wishes .

What is the role of a fiduciary in an estate?

A fiduciary will take on a role that will be responsible for various parts of ones estate. This role can be an executor, which is someone who will have control of a will. It can also be a trustee, which is someone who is responsible ...

How old do you have to be to have a minor in charge of your estate?

This is a type of trust that leaves assets to a minor, however they are kept with a trustee until the minor reaches a certain age, which is usually when they turn 18 years old.

How long does it take to get your estate passed to a minor?

The court will get involved in the process of distributing assets to a minor, which may take months to resolve.

Why is it important to make a will?

One very important part of planning a will is considering your family members. The purpose of a will is to make sure that your estate is taken care of according to your wishes once you pass. Most people leave part of or their entire estate to their loved ones. It is essential for your attorney to know if you are married, have kids, ...

What is the role of an executor in a will?

This role can be an executor, which is someone who will have control of a will. It can also be a trustee, which is someone who is responsible for each trust. It can be a guardian or someone who will have power of attorney, which means they can make medical decisions on your behalf if you are incapable of doing so.

What does a probate lawyer want to know?

In addition to a general understanding of your legal needs, the lawyer may want to know who else is involved with the case and their relationship to you. For example, in some probate matters, a client visits the lawyer to seek help for his or her parents or siblings.

How to find a good estate lawyer?

Expertise. Specifically, find out if the lawyer will handle a case like yours. Trusts and estates lawyers often specialize in a particular area— in estate planning, probate, trust administration, special needs issues, elder care, or other specific legal issues. You want an attorney who is experienced in the area you need, but not necessarily highly specialized in other areas—otherwise you might end up paying a higher rate for specialization that doesn’t apply to your situation. You could ask how many similar matters the lawyer has handled, or what percent of the lawyer's practice is in the area of expertise that you need.

What to talk about at a lawyer consultation?

At the consultation, be prepared to talk about your case. The lawyer may not too many details of your case before you sign a fee agreement, but you should be prepared just in case.

How to save money with a lawyer?

To save money and to make the most of your time with your attorney, learn about your legal issue before you talk with the attorney. For example, if you’re interested in estate planning, learn the difference between a will and a living trust. Or, if you’re looking for a lawyer to help with a probate proceeding, take a bit of time to learn about probate, what a probate lawyer does, and what parts of a probate proceeding you might be able to take care of yourself.

What to do if a lawyer doesn't ask for documentation?

Even if a lawyer doesn't ask for documentation beforehand, it's still a good idea to bring a copy of all relevant documents to the meeting. Spend some time thinking about what you may have on hand. Try to organize the documents in a logical manner before you meet with the lawyer.

How to save money on trust and estates?

Do everything you can to reduce the time that lawyer will have to spend on your case. Even eliminating one email exchange could save you hundreds of dollars. ...

How to start a relationship with an attorney?

After you decide on which attorney to hire, you’ll sign a fee agreement and officially begin your relationship with your lawyer. The first meeting with an attorney usually involves the exchange of a lot of information. You will spend a good deal of time explaining to the attorney the details of your legal issue and answering his or her questions. He or she will spend a good amount of time discussion and laying out a plan. If you think you might get nervous or forget something, you could practice this conversation with a friend, or you could write down what you want to say.

What factors to keep in mind when executing a will?

Additional factors to keep in mind include both the age and health of the execut or. Young people with a good level of fitness are ideal since they're likely to be around to handle your affairs after your passing.

What Do You Want to Accomplish with Your Estate?

In order to help your clients decide what they want out of their will, you're going to need to ask them. But, it isn't enough to simply say "what do you want your will to do?" You'll have to delve a bit deeper than that.

Who Is the Executor of Your Will?

An executor comes with many responsibilities. So, your client is going to want to choose someone that they trust.

What to do if you can't decide on a beneficiary?

If they can't decide, you could suggest that attributes like age or immediacy in the family could be factors to help them choose. Once you decide how "much" each beneficiary deserves (the term 'value' here could be monetary, sentimental, or both), you can begin to decide what to give them.

What happens if you make a blanket statement like "Tyler is entitled to all of the possessions in?

For example, if you make a blanket statement like "Tyler is entitled to all of the possessions in the house," you could potentially cause issues if there is valuable jewelry, antiques, etc.

Why do people make wills?

But, it's a necessary process to take part in if you want to ensure your assets are properly distributed.

Is it hard to write a will?

As previously mentioned, writing a will is often a difficult process for those who are seeking to plan their estate. It's not uncommon for emotions to serve as a significant obstacle in the process. You should make it clear to your clients that you respect how often they want to communicate and how involved they want you to be in the process.

What is the most important part of a will?

The process of establishing guardianship for your children, minor or adult dependents, and even your pets may be the most important (and often the most difficult) part of the Will preparation process. We never want to think about not being there for those who need us most, but to protect them, it’s well worth the discomfort.

How many steps are there to make a will?

You can create your Will in just about 8 steps.

How many witnesses do you need to finalize a will?

Make sure you properly finalize your Will with the correct number of signatures your state mandates. Many states require two witnesses and a notary, but requirements can slightly vary from state to state, so be sure you understand the requirements specific to the state you’re signing in. Below are just a few examples of different state laws to finalize a Will:

What is digital estate planning?

A digital Estate Plan is exactly what it sounds like - the plan to handle all your digital assets after your passing.

Who is the executor of a will?

Choose Your Executor & Beneficiaries. Executor: The Executor of your Will is the person you name who will be responsible for settling your estate upon your passing. Choose someone trustworthy and capable of handling the financial, legal and moral obligations required to complete the process.

Who are the beneficiaries of a will?

Beneficiaries: The beneficiaries you name are those who will benefit from your estate. They will inherit money, property, valuables and other belongings per your wishes as outlined in your Will and other Estate Plans. Remember that the more specific you are, the better the chance your estate will be settled as you envision.

Is it necessary to write a will?

It’s not uncommon for Will preparation to feel like a daunting task when you first approach it. But writing a Will is an important, necessary part of every Estate Plan. When you have an effective Will in place, you can rest easy knowing that you’ve set up your family and loved ones with the protection they need when they’ll need it most - when you’re no longer there to protect them yourself.

Why do we need a last will and testament?

Having a last will and testament ensures your wishes will be followed and your loved ones are taken care of after your death.

Who is the executor of a will?

Name an Executor. The person who will handle your estate and the provisions in your will is called the executor. You designate this person in the will. You should make sure the executor will be up to the task of handling your estate and also that the person is open to accepting the responsibility.

Who Will Be Your Beneficiaries?

When you are ready to write your last will, think about who among your loved ones you would like to inherit real and/or personal property from you.

Who Will Be Your Guardians?

If you have minor children, your will is the perfect place to name a guardian for them should their other parent be unable to care for them for whatever reason (including if both parents die at the same time).

What to leave to loved ones?

Make a list of significant assets you will want to leave to loved ones. Start with the big stuff like houses, vehicles, and family businesses, and then work your way down to smaller items like jewelry or family heirlooms.

When should you leave someone else in charge of property?

You can also consider how you want to provide for the care of your children; you may want to leave someone else in charge of property they will inherit until the children reach the age of majority.

Can you leave property in your will if you are married?

That is, if you are married and your spouse holds joint title on an asset, you cannot leave that property to someone else in your will.

What is the most important part of a will?

The most important part of the will is to name beneficiaries for your things. A beneficiary can be a family member or friend, a business, or even a charity. You can name a single beneficiary for everything or you can name multiple beneficiaries. You may also want to consider naming a contingent beneficiary in your will;

What is the purpose of a will?

Gather your witnesses. Additional estate planning tools. Editorial disclosure. A will is an important estate planning document that says who gets what after you die. It can also name a guardian for any minor children and appoint an executor to settle your estate. Dying without a will means letting a court determine your heirs, ...

How many witnesses are needed to sign a will?

It’s a common requirement for a will to be signed by two witnesses. Many states often suggest that the witness is someone that is not named in your will. Knowing who you want to act as witnesses can save you time later during the process of notarizing your will.

What does it mean to die without a will?

Dying without a will means letting a court determine your heirs, who may not be the heirs you actually wanted. Fortunately, writing a will can be fairly simple; you can even make a will online that passes under probate, the process of validating a will.

How to pass on your assets to a minor child?

Use a will to pass on your assets and property and name a guardian for a minor child. 1. List out your assets. Your estate is the collection of everything you own when you die, so the first step in preparing your will is to make a list of all your property and assets.

Is a will part of an estate plan?

Remember that a will is only one part of a strong estate plan. As you go through the will preparation checklist, you may find that you have more questions and that your situation requires more than just a will. You can check out our general estate planning checklist here.

Do you have to include debt in a will?

You don’t need to include your debts in your will; just know that any debts of the estate must be repaid or settled before assets can be disbursed to your heirs. Owing debt might reduce the inheritance you can leave for your loved ones, so it’s good to account for that potential effect.

Is Estate Planning Your Field of Specialisation?

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Do You Also Execute The Will?

Who Will Receive My Assets and How Much Will They get?

Do You Conduct Periodic Reviews?

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