what do i need to know before i go to a lawyer to set up a will

Do I need an attorney to prepare a will?

Do I need an attorney to prepare my will? No, you aren't required to hire a lawyer to prepare your will, though an experienced lawyer can provide useful advice on estate-planning strategies such as living trusts.

What do you need to know before making a will?

Choose a method of producing your will. There are many options to actually create your will, including using a lawyer or service. Assess which method is right for you. Execute on your will. Once you begin setting up your will, you will have to choose an executor, decide on a guardian for your kids and more. We explore what you need to know below.

How to set up a will?

How to Set Up a Will: 1 Take the necessary steps to prepare. This includes gathering important documents, researching which type of will you want and more. 2 Develop your plan. What will go on your will and who will execute once it’s time to divvy up your possessions? 3 Choose a method of producing your will. ... 4 Execute on your will. ...

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 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...•

How do you prepare a simple will?

What is a simple will?State that the document is your will and reflects your final wishes. ... Name the people you want to inherit your property after you die. ... Choose someone to carry out the wishes in your will. ... Name guardians to care for your minor children or pets, if you have them.Sign the will.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 questions are asked when making a will?

Questions to askWhat will my funeral arrangements be?Who will get my property and assets?What happens to my debts?Who will look after my non-adult children?What will happen to my pets?What will happen to my business?Will Inheritance Tax be payable? ... Do I want to give anything to charity?

What should you not put in your will?

Here are some items that you should never put in your Will:Business interests.Personal wishes and desires.Coverage for a beneficiary with special needs.Anything you don't want going through probate.Certain types of property.

Is a handwritten will legal?

In theory, you could scribble your will on a piece of scrap paper. As long as it was properly signed and witnessed by two adult independent witnesses who are present at the time you sign your will, it should be legally binding.

Can I make my own will?

If you wish to make a will yourself, you can do so. However, you should only consider doing this if the will is going to be straightforward. It is generally advisable to use a solicitor or to have a solicitor check a will you have drawn up to make sure it will have the effect you want.

What is an example of a simple will?

BENEFICIARIES: I give my property to the following persons: All to my spouse. All to my children, equally, and their issue, per stirpes. If any beneficiary under this Will does not survive me by 30 days, then I shall be deemed to have survived such person.

What are the 7 steps of preparing a will?

Then, follow these seven steps to make a will or update a will you already have.List all your assets. ... Decide who gets your money and belongings when you die. ... Choose guardians for minor children. ... Make your own will or work with a professional. ... Name an executor for your will. ... Make your will official. ... Keep it updated.

What do you consider in a will?

6 Things to Think About When Creating a WillWho Will Be Your Executor? ... What Property Do You Own? ... Who Will Be Your Beneficiaries? ... Choose a Legal Guardian for Minor Children. ... What Will Happen to Your Pets? ... Protect Your Digital Legacy. ... How to Make a Will. ... Final Considerations.

Will preparation checklist?

A 10 point Will preparation checklistStep 1: Get down to basics. ... Step 2: Get a ballpark of your assets. ... Step 3: Get a general sense of your debts. ... Step 4: Choose a guardian. ... Step 5: Choose an executor. ... Step 6: Make a list of specific gifts. ... Step 7: Make a list of beneficiaries.More items...•

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 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 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 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.

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. ...

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.

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.

Is it good to have an alternate executor?

Having an alternate executor in mind is a good idea in case your first choice can't serve.

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.

Can you bequeathe property in a will?

Some assets cannot be bequeathed within a will (or may be better handled in other ways such as living trusts ), but at this point, you should get all the assets down on paper so you know what you're dealing with. When listing your assets, remember you can only distribute property you own solely.

What to ask a lawyer about a case?

An important question to ask a lawyer is what the strategy for your case will be and the outcome the lawyer expects. You’ll want to get details on what kind of procedures to expect. Ask how long it will take for the entire case to be resolved. Discuss the legal strategies that will be used. Find out if your attorney will attempt to settle and if mediation or arbitration are options. Think about the answers and if you are comfortable with them. Maybe you want to avoid a trial at all costs but your attorney really wants to just go to trial, or perhaps you have no intention of settling and want your day in court. It is important that your lawyer’s strategy lines up with your needs.

What to ask a lawyer before a consultation?

When you have your lawyer consultation, one of your primary questions will be about the attorney’s background. Some people feel intimidated asking about this, but the truth is you are going to pay a lot of money for services. You wouldn’t hire an electrician who had never done wiring, so it is wise to ask questions about the attorney’s experience. You can find out basics on the firm’s web site before the appointment, which will save you time. You may want to ask how many of this type of case the attorney has handled. For example, how many divorces has this lawyer done in the past year? A lawyer who has done one or two is not very experienced. You may wish to ask how long the attorney has been practicing law and how long he or she has practiced in your county or area, which will give you an idea how familiar the lawyer is with local judges and procedures. It is generally not very helpful to ask where the attorney went to law school since you can find this information online and it often tells you nothing useful anyhow. Focus instead on experience with your type of case. You can also ask the average verdict the lawyer has obtained in your type of case.

How to get an attorney consultation?

Before you can have an attorney consultation, you need to find a lawyer who might be a good fit. Look for an attorney who focuses his or her practice on your type of legal question, or someone who lists this as a type of law they regularly practice. Your local bar association may have a referral program. If you have used an attorney in the past for something else, ask him or her for a referral. It is also helpful to ask family and friends for names.

What is a meeting with a lawyer?

Meeting with a lawyer for an initial consultation is generally not a chance to ask legal questions that are in depth, but is instead an opportunity to get a sense as to whether this lawyer is the right one to handle your case. Use this meeting to help you decide which lawyer will be the best one for your case.

Why is it important to meet with a small business attorney?

Meeting with a small business attorney is an important way to get your business off to a good start and minimize future risks. Here are questions to ask at your first meeting.

Why do lawyers offer free consultations?

Most lawyers offer a free consultation so that you have a chance to determine if he or she is the right person for you. Going to the first meeting with some simple questions can help you ensure you find the right person for the legal help you need. You will not get much legal advice at this consult since it is not meant to resolve your legal ...

How long does it take to write a will?

Writing a will is one of the most important things you can do for yourself and for your loved ones, and it can be done in just minutes. Are you ready to get started?

What to include in a last will and testament?

These are your “heirs.” Your heirs would include a wife, whether they are a real wife or simply claiming they are your wife or spouse. Your heirs would include all of your children or those who might be your children, whether they are a legitimate child or an illegitimate child. You will need to identify your brothers and sisters as potential heirs. This is because it is likely the probate court whether you have a Will or do not have a Will, will insist these people be identified.

Why do people want a last will and testament?

The reason a person wants a Last Will and Testament is so they may decide what happens with their affairs (to the extent the law allows) after their death. You decide who gets what. You decide who handles the business affairs. You decide whether and how they are compensated.

What powers does an executor have?

Executors have all those powers, plus the powers and authority you give them (to the extent you can give power) in your Last Will and Testament. This additional sets of powers can include the specifics of assets sales, assets given as part of your Codicil, and other matters you include in your Will.

What happens to your estate after you die?

They will have a period of time under the law to make claims against your estate. Your estate is the total amount of property you “own” after your death.

What is it called when you die without a will?

Persons who die without a Last Will and Testament are known as dying “intestate. ”. This means their property and the other matters relating to their death (from a legal standpoint) are decided according to the laws of intestate succession as applies to the state in which they resided at the time of their death.

Is it normal to put a paragraph in a will?

It is normal in a Last Will and Testament to put a paragraph as to what your desires are for who should serve as a guardian/custodian for a minor child after your death. It is important to note; you do not have the power to decide who will actually be the guardian or custodian of your minor children after you die.

Can a personal representative serve without a bond?

Your Will will request from the probate court that your personal representative serve with or without bond. I generally recommend the Executor shall serve without a bond as one would imagine you would choose somebody who is trustworthy. A bond would be a form of insurance contract to make sure that the person handling paperwork for your estate does not misappropriate the money. The bond would insure against that likelihood.

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.

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.

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.

What is an attorney's work process?

Your attorney’s work process (I conduct an initial appointment, a document review meeting, and a signing session, plus telephone conferences in-between)

How long does it take to prepare an estate plan?

If you provide your estate planning attorney with all your information on Day One, and stick to the process they lay out for you, it shouldn’t take them more than a few weeks to complete your documents and have them ready for you to sign.

What is an estate planning questionnaire?

The purpose of that questionnaire is to provide a general understanding of your family and financial situation to your attorney so that they can best advise you on your estate planning needs. It is designed to make the most efficient use of your time with your estate planning lawyer (and your money), so don’t waste it having them fill out the names of your family members, addresses and contact numbers.

What should an estate plan comply with?

Your estate plan should comply with any divorce and premarital agreements. It should also abide by the terms of any other contract you may have signed promising to leave assets to someone in your will.

Can you procrastinate for your death?

No one really likes planning for their demise, but procrastination has never benefitted anyone in this area of the law. If you haven’t decided on your executors and beneficiaries, that’s OK, give your attorney what you have and you can work together on the rest.

Do you have to bring a will with you to an appointment?

If you have previously executed a Will, Trust, Durable Power of Attorney , and/or Advance Health Care Directive, don’t forget to bring them with you to your appointment. If you have an existing trust, your new attorney will need to review its provisions to ensure that s/he is following its guidelines for amendment. The other documents will either be destroyed by your attorney or marked “superseded” and kept with their records (old versions of your estate planning documents should never be readily available to your beneficiaries).

Can an estate plan be completed without first knowing if there are provisions in a business agreement regarding the disposition of your?

Your estate plan cannot be completed without first knowing if there are provisions in a business agreement regarding the disposition of your interest at death , particularly if you have partners. Trademark, patent and copyright registration certificates.