why would i want a lawyer to help me write my will

The biggest benefit of hiring an attorney to draft your will is the expertise that comes along with the price tag. If you decide to go this route, shop around your local area to compare prices and find a lawyer you’ll be comfortable working with.

Full Answer

Should you hire a lawyer to write your will?

Even if you’re not quite as wealthy as the Wolf of Wall Street, if you have more than one residence and are big into investing, talk to a lawyer. Lawyers and estate planners are familiar with local and state laws and can ensure your will is accurate, valid, and doesn’t leave anything out.

Why should I hire an attorney to write an estate plan?

It’s simply a lot of work to write an estate plan. Without an estate plan, you and your estate may end up paying more in the long run in professional fees, court costs, and taxes. Using a flat rate with an attorney will be much more straightforward and to your long-term economic advantage.

Should you write a do-it-yourself will?

Write a do-it-yourself will if you need a short-term fix until you can hire a lawyer or if your situation is very straightforward -- say, you’re leaving everything to one person. But even small mistakes could cause problems down the road.

What can a lawyer do for You?

For example, a lawyer can help you figure out the cost of estate taxes, provide special care for a family member with long-term care needs, or assign your assets to a trust to reduce the impact of taxes on your heirs.

What should you not put in your will?

Conditions that include marriage, divorce, or the change of the recipient's religion cannot be provisions in a legal will. Therefore, a court will not enforce them. You can put certain other types of conditions on gifts. Usually, these types of conditions are to encourage someone to do or not do something.

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.

Is it difficult to write a will?

If you're like most people, you won't need a lawyer. With good do-it-yourself materials, it's not difficult to make a will that takes care of basic concerns, such as leaving a home, investments, a small business, and personal items to your loved ones.

What to think about before writing a will?

With so many intricacies to the law, U.S. News has identified five important things to keep in mind when preparing your will:Don't make it yourself. ... Identify your assets. ... Joint property with a spouse falls outside the will. ... Be careful in selecting guardians and trustees. ... Beneficiary designations override wills.

What to consider before writing 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...•

Why you shouldn't write your own will?

If you write your own will and you fail to state that the executor may act independently, then you may have inadvertently opted for the more expensive and time-consuming “dependent administration.” The court will appoint your executor as a “dependent administrator” who must seek court approval for all transactions that ...

Why people do not write will?

Most people just do not want to think about their own mortality or having to face the death of a family member. The fear of death is most likely one of the most common reasons for not wanting to make a Will. Even though this is ridiculous many of us think we may even be “tempting fate” if we sit down and make a Will.

Can I make a will without a lawyer?

You don't need a lawyer to create a will if you have a straightforward financial situation. A will outlines how you would like your assets distributed after your death and names a guardian for any minor children.

Why is it important to meet with a lawyer for a will?

Furthermore, meeting with a will attorney is important because they act as a neutral third-party. If someone contests the validity of your Will and trust litigation ensues, the drafting attorney will be deposed and a well-documented file will help ensure your wishes are protected. 2.

What does it mean to hire a will attorney?

Hiring a Will attorney means gaining access to their years of knowledge and experience. In your meeting, the attorney will also be able to provide insight on the best way to achieve your goals, particularly if you have challenging family dynamics.

What is holographic will?

Also known as a handwritten Will, holographic Wills have very specific legal requirements that differ from Wills drafted by attorneys. You would have to read the California Probate Code thoroughly to find the applicable law and may not properly interpret the law. Remember, attorneys spend three years in law school then take a bar exam that they have to study for for three months, with a 50% fail rate in California.

What is a probate attorney?

A Will attorney , also known as a probate attorney, can assist you and your family with: Drafting the Will; Assisting your family to ensure your wishes are carried out; Aiding in any legal proceedings should the need arise. More often than not an experienced lawyer can handle all aspects of both Wills and probate.

Why is it important to create a will in California?

The creation of a Will is important as without one, the California Probate Code decides who will inherit your assets, which may not reflect your wishes. In addition to creating a Will, it’s just as important to make sure it receives proper validation and enforcement. Hiring a Will attorney who is experienced with probate is imperative.

Can a will be written on your own?

Oftentimes a Will can be written in a rush and without much thought. If you choose to write a Will on your own you could easily overlook state statutes required to make a Will legal. Remember, although they appear simple, the seemingly boilerplate language is necessary, valuable, and depends on your particular circumstances. Additionally, you could also accidentally name the wrong Executor, leave out assets, or fail to name a guardian for your children. A knowledgeable Will attorney knows all of the intricacies and will ensure nothing is overlooked.

Is it cost effective to make a will?

Contrary to popular belief, creating a Will can be a relatively cost-effective way to leave your assets to specific beneficiaries. While attorney fees will range depending on their experience, your location, and your family needs, this option is a viable way to write a legally sound Will.

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.

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. ...

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.

Who inherits the good silver is just the beginning

Writing a will isn't the most pleasant of tasks. After all, by doing so you're not only acknowledging your own inevitable demise but actively planning for it. That might explain why so many adults avoid this cornerstone of estate planning. According to an AARP survey, 2 out of 5 Americans over the age of 45 don't have a will.

AARP In Your State

Visit the AARP state page for information about events, news and resources near you.

How much does it cost to write a will online?

Services like Rocket Lawyer cost as little as $39.99 per document. Nolo’s Online Will is priced at $59.99 and LegalZoom ranges from $69 to $149. Quicken WillMaker, the offline offering, is a one-time price of $79.99.

What happens if you don't name an executor?

If you don’t name an executor, the courts will assign an executor from those who are interested, usually a family member or beneficiary. Without naming an executor yourself, someone less-than-ideal might end up overseeing your will and estate.

What is the best website to make a will?

Popular online services like Nolo’s Online Will, Rocket Lawyer, and LegalZoom, as well as others, help people write wills for a small fee — or for free. DoYourOwnWill.com is a free online will maker that gets great reviews. Software like Quicken WillMaker can be purchased and downloaded so you can draft your will offline.

What can a lawyer do for you?

For example, a lawyer can help you figure out the cost of estate taxes, provide special care for a family member with long-term care needs, or assign your assets to a trust to reduce the impact of taxes on your heirs.

How to make a will?

While laws might differ a little depending on your state and city, there are generally three options for how to write a will: 1. Write a will yourself, the same way you would a college essay.

How long can inheritance disputes last?

Inheritance disputes can last literal decades and can turn a time of mourning into a family feud that not even Steve Harvey could quell.

What is a will?

A will is a document that specifies exactly who receives what after you pass on. It’s a way to protect your final wishes and leave your stuff to those you want.