why you should hire a lawyer for a will

by Shanelle Ernser 9 min read

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. They also have the technical skills necessary to ensure the correct documents are prepared.

1. An Experienced Attorney Can Build a Technical and Specific Will. 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.

Full Answer

Why should I hire a lawyer?

A solid case can quickly unravel without the help of a trained and emotionally detached attorney. Similarly, failing to hire a lawyer when starting a business, reviewing a contract, or embarking on other endeavors with potential legal ramifications can result in otherwise avoidable pitfalls.

Why should I hire a probate lawyer?

These lawyers have knowledge of probate law. Working with them takes away the guesswork and potential for errors, and makes the whole process much faster. Probate lawyers don’t need to be paid by the person who hires them – they’ll be paid from the estate. Still not sure if a probate lawyer is right for you?

Do I need a lawyer to review a will?

If you go this route, make sure you meet your state’s requirements, such as having independent witnesses sign the document. You may be able to ask a lawyer to review the will for a small fee.

Do I need a lawyer for every legal matter?

Not every legal matter requires the use of an attorney. Fighting a speeding ticket and going to small claims courts are two examples. However, in many other situations involving a legal dispute, challenge, or deal, you may not wish to chance the risks of going it alone without the advice of an experienced lawyer who can help you out.

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1. To Address All Components of Your Estate

Most people assume wills are just for bequeathing property to loved ones, but you can include all kinds of assets and terms in this document. For example, you can name the executor of your estate, designate guardianship of any minor children, and leave certain assets to charity.

2. To Ensure Everything Is Legally Binding

Although it is possible to draft a will yourself that is legally binding, having an attorney perform a thorough review can help ensure the document will hold up in court. Every state has strict statutes governing probate, and they change all the time. That means you must use a template that is both up-to-date and meets your state’s requirements.

3. To Navigate Complicated Family Dynamics

Perhaps you were married before or you have children with someone other than your current partner. Regardless of your family dynamic, estate planning lawyers can help you devise arrangements that are ideal for your current situation. They can also help you update essential documents if your circumstances change.

5. To Protect Your Own Interests

There are some documents that can accompany a will and actually go into effect before you pass. For example, a healthcare power of attorney grants someone else the authority to make important medical decisions on your behalf should you ever become incapacitated.

What happens if you are not a lawyer?

Even experienced lawyers typically do not represent themselves in court. Also, attorneys tend to specialize in one or more legal practice areas, such as criminal defense or tax law.

What is the disadvantage of being a non-attorney?

Non-attorneys are generally at a disadvantage when squaring off against opposing counsel or doing business with another party that has legal counsel. As explained above, the law is complicated and an attorney representing your adversary (or even a non-adversarial party entering into a legal agreement with you) will take advantage of this inequity.

What is at stake in a civil case?

What's at stake? A criminal case may determine whether or not you spend time behind bars, while a civil case could hurt you financially. Besides, there are many civil attorneys who don't actually collect a dime from you unless they win your case. Also, you may be able to claim legal fees as a plaintiff in a civil case, so hiring a lawyer can actually save or make you money.

What happens if you don't have an attorney?

If you're not an attorney, you may struggle with the deadlines and protocol for properly filling out and filing certain legal documents. One late or incorrect filing could derail your case, delay a given legal procedure or worse - have the case thrown out altogether (and not in your favor).

Can a solid case unravel without a lawyer?

A solid case can quickly unravel without the help of a trained and emotionally detached attorney. Similarly, failing to hire a lawyer when starting a business, reviewing a contract, or embarking on other endeavors with potential legal ramifications can result in otherwise avoidable pitfalls. 2.

Can a lawyer present your strongest case?

Most non-attorneys don't personally know the types of professionals who can help with discovery or challenge evidence or testimony by the opposing party. 6. A Lawyer Can Present Your Strongest Case. Pleading guilty or admitting fault isn't the only choice, even if there's evidence pointing directly at you.

Do I need an attorney for a speeding ticket?

Not every legal matter requires the use of an attorney. Fighting a speeding ticket and going to small claims courts are two examples. However, in many other situations involving a legal dispute, challenge, or deal, you may not wish to chance the risks of going it alone without the advice of an experienced lawyer who can help you out. In fact, while good legal representation may not be cheap, it can help get you out of a number of sticky situations, such as a bad divorce, lost job, or DUI violation.

What happens if probate isn't done correctly?

This advice can be invaluable – if probating isn’t done correctly, you could be personally liable for the mistakes.

How long does it take to get a probate?

Probating can be a lengthy process – it often takes over a year. Probating an estate never happens faster than about three or four months. No one can instantly access property, assets, or investments, but having a probate lawyer will make the process much faster.

What can a probate lawyer do for you?

Whether you’re in charge of another person’s estate or planning for your own future, there are many different ways a probate lawyer can help. They make estate planning infinitely easier and prevent you from running into problems.

Why do you need a probate attorney?

Let’s take a look at some of the top reasons to hire one. 1. Keep the Family from Conflict. Hiring a probate attorney is a great way to prevent needless family conflict. Without a lawyer, many family members may want to be a part of the probate process, which adds to the conflict and confusion. If you don’t allow them to participate, they might ...

What happens when family members don't agree with probate?

When family members don’t agree with the probating process, lawsuits can be the result . These lawsuits are expensive and time-consuming, and when they involve family members, they can also be emotionally exhausting.

What happens if you don't allow probate?

But the more people get on board, the more difficult the process becomes. Tensions can arise when people disagree on the best way to approach probate issues.

What happens when someone passes away?

When someone passes away, there’s often at least one defendant who tries to make a claim against the estate. This often happens when a family member or spouse wasn’t mentioned in the will but feels like they should have been.

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